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<br />20070869!9 <br /> <br />by any govommenta1 or regulatory authority, or any private party, tllat any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Bouowe.r shall promptly take all necessary <br />remedial actions in accordance with BnvirornnRnt:al Law. Nothing herein shall create any obligation on <br />Lender fox an Environmenta1 Cleanup. <br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender' shall give notice to Borrower prior to acceleration following <br />Borrower's bream of any covenant or agreement in this Security Instrument (but not prior to <br />atteleratlon under Section 18 unless Applkable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to wre the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrowa", by wbkb the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the smns secured by <br />this Security Imtrument and sale of the Property. Tbe notice shall further inform Borrower of the <br />right to reinstate after acceleration aod the right to bring a co..-t 8dion to assert the non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or <br />before the date specifted in the notice, Lender at iu option may require immediate payment in full of <br />all smns secured by ibis Security Instrument without fnrther demand and may invoke the power of <br />sale aod any other remedies permitted by Applicable Law. Lender shall be entitled to coiled all <br />expenses incurrediD pursuing the remedies provided in this Section 22, including, but not nmited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If 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 such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persom prescribed by AppBcable Law. Arter the time <br />required by Applicable Law, Trustee shall give pubnc notice of sale to the persons and in the manner <br />prescribed by AppHcable Law. Tmitee, without demand on Borrower, shall sell the Property at <br />public auction to the higbest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee cJetennines. Trustee may postpone sale <br />of all or any pan:eI of the Property by public anno1lJl(:llllDellt at the time and place of any p~iously <br />scheduled sale. Lender or iu designee may purt.hase the Property at any sale. <br />Upon receipt 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 the truth <br />of the statements made therein. Trustee shall apply the proceeds -of the sale in the foUowiDg order: (a) <br />to all costs and expenses of eurcising the power of sale, and the sale, including the payment of the <br />Trostee's fees actually Incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Securlty Imtrument; and (c:) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of ell sums secured by this Security Instroment, Lender shall <br />request Trostlle to :reconvey the P:roperty and shall sun:ender this Security Instrument and all notes <br />evidencing debt sccu:red by this Security Instrument to T:rnstee. Trustee shall :reconvoy the Property <br />without wammty to the person or pe:rsons legally entitled to it. Such penon or persons shall pay any <br />recordation costs. Lendc:r may cha:rge such peISon or persons a fee for :reconveyiug the Property, but only <br />if the fee is paid to a third party (such as the Trustee) fo:r services::rendered. and the cha:rging of the fee is <br />pemrltted 1U1de:rApp1icable Law. <br />24. Substitute Trustee. Lender, at its OPtion. may from time to time remove T:rostee and appoint a <br />successor troStee to any Trustee appointed hereunder by an insttoment :recorded in the county in which this <br />Security Instrument is:recorded. Without conveyance of the ~. the successor trustee shall succeed to <br />all the title, power and duti.ea conferred upon Trustee herein and by Applicable Law. <br />25. Request for Nodces. Borrower reqoests that copies of the notice of default and sale be sent to <br />JIorroweI'. _ whicld.lho Property _. " ~ . <br /> <br />:fJif <br /> <br />Form 3028 1101 <br /> <br />G-6INEl lOOO61 <br />. <br /> <br />P_ 13 0116 <br />