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200707405 jurisdiction where the Property is located that relate to hcalth, satdy or environmental protection; (c) "EnvironnH:ntal Clcanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "[::nvironmcntal Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmcntal Cleanup. Borrower shall not cause or pennit the presence, use, disposal. storage, or release of any Ha7;ardous Suhst;lllees, or lhrC<lten (0 release any H:1zardous Substances, on or in the Propeliy. BOIT()\ver shall not do, nor allow anyonc else to do, any tiling afti:cting the Propcliy (a) that is in violation of any Environmental Law, (b) which creates an Environlllental Condition. or (c) which, due to the presence, use, or rdease of a Hazardous Substance, creates a condition that advl.:rsely affects the value of the Propeliy. The preceding two sentences shall not apply to the presence, use, or storage on the Propl.:rty of small quantities of Hazardous Substances that are generally recognizcd to be appropriatl: to normal residcntial uses and (0 maintenancc of the Property (including, but not limited to, ha7;ardous substances in consumer produds). Borrowcr shall promptly give Lender written notice of (a) any investigation, dainL dem:lIld, lawsuit or other action hv ;Inv gOYl.:rJlIllent:d or regulatory agency or private party involving the Property and any Hazardous Suhstallce or Ellvlronllll.:nlid Lm' of which Borrower has actual knowledge, (b) any r;.nvlnll1mental Condition, including but not lilnited tl.L any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversdy affects the value of the Propeliy. If Borrower learns, or is notified by any goverlHnental or regulatory authority, or any private party, that any removal or other remediation of ,IllY l-LlZardOllS Substance atfecting the l'ropeliy is necessary, Borrower shall promptly take aU necessary rellledilll actions III <lccol\lance with Envirolllllental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-lJN I 1"ORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's hreach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section III unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default llluSt he cllred; and (d) thai failure to cure the default on or before the date specified in the notice may result in acccleralioll of the SUIllS secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of th(' right to reinstate after acceleration lllld the right to bring a court action to assert the non.existence of a defaull or any other defense of Borl'l)we," to acceleration and sale. If the default is not cured on or before the date specitied ill the notice, Lender at its option may re(luire immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall he entitled to collect all expenses incurred in pursuing the remedies provided in this Sedion 22, inchl(ling, hut not limited to, reasonable attorneys' fees and costs oftitle evidence. If the power of sale is invoked, Trustee shall record a nonce of default in each count)' in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to (he other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give puhlic notice of sale to the persons and in the manlier prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the t(!rms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by publie announcement at the time and place of any previously scheduled sale. Lend(T or ils designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall llllply the proceeds of the sale in the following order: (a) to all costs and expenses of exerdsing the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted hy Applicable Law; (b) to all sums secured by this Security InstrullIent; and (c) any elcess to the person or Jlersnns legally entitled to it. 23. Reeonveyallce. Upon payment of all sums secllr<..:d by this Se<..:urity Iustrllrn<..:nt, Lender shall reCJuest TrllSll'c to rc<:onvey the Propcrty <lnd shall surrender this Security Instrument and all notes evidencing debt seeurcd by this Seeurity IDan No: 127317292 Initials: _ _ _ _ MERS 'Vlodifkd Furlll302X 01/01 "<'IlI'aska Dt'ed ofTrust~Sillgk Family-Fannie Mal~/Freddie Mac UNIFORM INSTRUI\JENT -TilE CO~II'I.IANCE SOUIWE, INc.- Page 12 of 13 IIIIIIIIIIIII!I!IIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111 IIli w Vv IV, COI J I p] iallce:';Ul Irc~~, com 14J()JNE O~lOO ((ilOilO, Tlh~ ("0 I'llp I i:ll ICt" SillIICL:, J]lt: ~