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<br />200705840 <br /> <br />by any governmental or regulatory autborHy. or any privar.e party, that any removal or odlcr remediation <br />of any Hazatdous SubStance affecting the Propeny is necessary, Borrower shall promptly take aU necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation On <br />Lender for an EnvironmenUll Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender furLhet covenant and agree as follows: <br />22. Acceleration; Remed~. Lender shall give notice to Borrower prior to acceleration following <br />'Borrower's Ilreach of any covenant or agreement in this Security Instrumept (but not prior to <br />acceleration lmder Section 18 unleaa Applicable Law provides otherwise). The notice shall specify: (0) <br />the delauUi (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or before the Clute specified in the notice may rellult in aCC4;!:leration of the sums secured by <br />this Security hlStrument and sale ot the Property. The notice shall further inform Borrower of the <br />right to reinstate al'ter ncceleJ1ltion and the right to bring a com1 action to assert the non~cxistence of <br />a default or any other defense of Borrower to an-eleration and sale. If the default is not cured on or <br />before the date specified in th~ potice, Lender at its option may require hnmcdiate payment in full uf <br />all $lDl'lS secured by this Security Im.1rwnent without further demand and may involte the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />ex:penscs incurred in pursuing the remedies provided in this Section 22, including, but not Ihnit.ed to, <br />reasonable attorneys' fees and eQs~ of title evidence. <br />It the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the Property is located and sball mail copies of !luch notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of ~e to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the rnghtst bidder at the time and place and under the terms designated in the <br />notice of :We in one or more p"rcel~ and in nny order Trw.tee determin~. Trustee mar postpone sale <br />of all or any parcel of the Property by pUblic announcement at the tune and place 01 any previo~y <br />scheduled sale. Lender or its designell may purchase the Property at any sale. <br />Upon rec:eipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of tbe truth <br />of the statements made therein. Trustee shall "pply the proceeds of the sale in the following order: (a) <br />to all costs and e:lI:penses of exercising the power of sale, and the sale, including the payment of the <br />'rrllStee's fees actually incurred and reasonable attorneys' fees as permitted by Applical3Je Law; (b) t(I <br />all wntS secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyanco. Upon payment of all sums secured by this Security Instrument, Lenm.'T shall <br />request Trustee to reconvey the Property and shall surrender fuis Security Instrument and .all notes <br />evidenCing debt secured by this Security Inst:nunent to Trustee. Trustee shall rt:COnvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying thl! Propeny. but only <br />if the fee is paid to a third party (such as the Trustee) f(~r services rt:ndered and the chargin~ of the fee is <br />permitted under Applicable Law. <br />1.4. Substitute 'trustee. Lender. at its option, may from time 10 time remove 1'n1stee and appoint a <br />successor trustee to any Trustee appointed heretmder by an instrument recorded in the counLy in which this <br />Security Instnunenl is recorded. Witbout convL-yance of the Ptopeny, the successor trustee shall s\lcceed to <br />all the title, power and duties conferred upon Trustee hl!rein and by Applicable Law. <br />25. Ilequest for Notices. Borrower requeln,~ that ropieli of the notice of default and sale be sent to <br />Borrower's address which is the Property A4dress. <br /> <br />~-6INEII00061 <br /> <br />r~g" 13 of 16 <br /> <br />,.". {lJ,.J- <br /> <br />~ Form 3028 1'01 <br />