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<br />200706105 <br /> <br /> <br />by any governmental or regulatory authority, or any private party, that any removal or. other. remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actiOllll in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrbwer and Lender further covenant and agree as follows: <br />22. Acceleration;Renledies~ Lender shall give notice to Borrower prior toacteleration following <br />Borrower's breach of anY covenant or agreement in this$ecurlty Instrument (but Dot prior to <br />acceleration under section 18unlt'ss Applicable Law provides otherwise). The noticesball specify: (a) <br />the default; (b).tbe adion required to cUre thedefaultj (c) a date, not less than30daystrom the date <br />the notice is given to Borrower, by which the default must becuredjand (d) that failure to ClIte the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shanturthet inform BorroWer of the <br />right to reinstate after acceleration and the right to bring a.courtaction to assert thenon~existence of <br />a default or any. other defense of Borrower to acceleration and sale. If the default is notcutedon or <br />before the date specified in the notice, Lender at its optionmayrequiieiinmediatepayment 10 full of <br />allsuliisseclIred by this8eeority Instrllnlent withollt further demand and may invoke the power of <br />sale and any other. remedies perinitted by Applicable Law. Lender .llhilll. beeJJtitledto.. collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attorneys' fees and costS of titleevldence. <br />If the power of sale is invokcd,Trustee shilll. record a notice of ddaOIt . in . each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />ApplicableLaw to Borrower and to the other personsprcicribedby ApplicableLaw.Aftet the time <br />required by Applicable Law, Trustee shall. give public notice of sale to the persons and. in the manner <br />prescribed by Applicable Law. Trustee,witholltdemand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and tinder the telins .designated in the <br />notice of sale in one or moreparceisandii18nyorder Trustee detennines~'rrustee may postpone sale <br />of all. or any parcel of the Property by public announcement at. the time. and. place of any. previously <br />scheduled sate. Lender or its designee may purchase the Property at ilnysale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property . Therecitills in the Trustee' sdeed shall be prima facieevidtmce of the truth <br />of the statements made therein. TrnsteeShallapply the pro~eeds ol"the sale in thefolIowin.gorder: (a) <br />to .all.cost8 and expenses ofexetdsingthe power of sale, and the.. sale, including the payment .ofthe <br />Trostee'sfees actually inCllrred and reasc:mableattorneys' fees as permitted by Applicable Law; (b) to <br />all sumssecui"ed. by this Secul"ity litstrnment; and (c) any excess to thcpcrson or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrumerit, Lender shall <br />request Trustee to reconvey the. Property and shall surrender this Security.. Instrument and all notes <br />evidencing debt secured by this Security. Instrument to Trustee. Trustee shall. reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person orpersoUS shall pay any <br />recordation costs. Lendermay charge such personorpersons a ice for reconveyingthe Property, but only <br />if the fee is paid toa third party (such as the Trustee)for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute . TrustcC~ Lender, at its option, . may from . time to. time remove Trustee and . appoint a <br />sacCessortrustee to any Trustee appointed hereunder by an instrument recorded inthecoUhtyin which this <br />. Security Instrument is recorded.. Withoutconveyanee. of the Property ,thesuccessof tliiSteeshall succeed to <br />all the title,power and duties conferred upoDTrustee herein andby Applicable Law. <br />25. . Request for Notices~BoITower requests.that. copies of the notice of default and sale be. Sent to <br />Borrower's address which is the Property Address. <br /> <br />'nltlo,o:.k <br /> <br />0110269441 <br /> <br />.CBINE) (0407).02 <br />.. @ <br /> <br />pa0913 of 15 <br /> <br />Form 3028 1/01 <br />