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<br />200708697 <br /> <br />by any govemmontal or regulatory authority, or any private party. that any removal or other remediation <br />of any Ha2ardous Substance affecting the Propeny is neceua:ry. Borrower shall promptly take all necessary <br />remedial actions in accordance with EnvircmmM'ltRl Law. Nothing herein shall create any obligation on <br />Lender for an Enviromnental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender fUrther covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to aa:eleration follow'"l <br />Borrower's bl'eadI of any covenant or agreement in this Security InstnJment (but not prior to <br />acceleration WIder Section 18 lIDless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (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 whidl the default mast be cured; and (d) that failure to cure the <br />default on or before the date specifted In the nodal may result in acceleration of the SDlm secured by <br />this Security InstrumeDt and sale of the Property. 1be notice shall further inform Borrower of the <br />right to reinstate after acceIeratlon and the rlpt to bring a court action to assert the nonooexlstence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not wred on or <br />before the date spedfied in the noUce, Lender at Its option may require immediate payment In full of <br />all sums secured by this Securlty IDstrument without further demand and may invoke the power of <br />sale and any other remedim permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses Incurred in pursuing the remedies provided in this Section 22, Indudlng, but not limited to, <br />reasonable attorneys' fees and costs of tide evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default In each county in wblch <br />any part of the Property Is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons presmbed by Applicable Law. After the time <br />required by Applicable Law, TnIstee shall give public notioo of sale 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 highest bidder at the time and place and under the terms desigoated in the <br />notice of sale in one or more parcels and in any order TtWtee detennines. Trustee may postpone sale <br />of all or any parcel of the Properly by pubHe announcement at the time and pIaa! of any previously <br />scheduled sale. Lender or its designee may purcbase the Property at any sale. <br />Upon receipt of payment of the price bid, Tnlstee shall deliver to the purchaser Trostee's deed <br />conveying the Property. The recitals in the Trustee's deed sball be prima fade evidence of the truth <br />of the statements made therein. Tna9tee shall apply die proceecls of the saki in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as pennitted by Applicable Law; (b) to <br />all swns secured by this Security Instl"ument; and (c) any excess to the person or persons lepUy <br />entitled to it. <br />23. Reronveyance. Upon payment of all suma secored by this Security Instrument, Lender &ha1I <br />request Trustee to reconvey the Property and 8ha1l surrender Ibis Seemity Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall xeconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons sba1l pay any <br />recordation costs. Lender may charge such po.rson or persons a fee for reconveying the Property, but 0Dly <br />if the fee is paid to a third party (such as the Trustee) for services:rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender. at its option, may from time to time remove Trostee and appoint a <br />successor tnlstee to any Trustee appointecl henmuder by an iust:romcnt R!COrded in the CO'Only in which this <br />Security Instroment is recorded. Without conveyance of the Property. the successo:r truStee sball succeed to <br />all the title, power and duties conferred npon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of defimlt and sale be sent to <br />Borrower's address which is the Property Address. V.. <br /> <br />;J <br />Inlll. \ <br />C!Ill;SINEllOOO5I p_,~",,& Fonn 3028 1/01 <br />