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<br />200709477 <br /> <br />by any governmeutll1 or regulatory authority I or any private party, that any remov$1 or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothitta httein. shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender fu11her covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Bottower prt6l to aceeleration following <br />Borrower's breach of any covenant or agreement in tl11ll Security Iustrument (but not prior to <br />aueleratioD under Section 18 unless Applicable Law provides otherwise). The DotiC:lshalllpeclfy: <a) <br />the default; (b) the action required to cure the detault; (c) a date, not 1elS$ 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 cme the <br />default on or before the date specified in the notice may n:sult in aeceleratlon of the sUIbs se<:ured by <br />this Sl:(lurity Instrwnent and sale of the Property. The notice shall f1irlb.er inform. Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assen the non-existence of <br />a default or any other defensl of Borrower to acc:eleratlon and sale. If the default hi Dot cured on or <br />before the date speclfled In the notice, Lender at itlfj @lion may require immediate payment in full 01 <br />all sums secured by tbis Sec:urity Instrument without further demand and may Invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies pro'fided in this Section 22, 1ncludtnS, .but not Umited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is inl'olced, Trustee shaD record' a notice of default in each county in which <br />any part of the Property is located tlnd. shAll mail copiea of such notice in the manner prewolbed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trultec shall aive public notice 01 sale to the persons and In the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property Ilt <br />public auctioo to the hlghest bidder at the time' and place and under the terms desipated in the <br />notice of sale in one or more parcels and in any order Trustee deterJJJ1pes. Trustee may pOliitponll!iale <br />of all or any parcel of the Property by public aDl10uncement at the time and place of any previously <br />s<:hed'Oled sale. Lender or its designee may purchase 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 shBll be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the followWC order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, lncludiq the payment of the <br />Trustee's refS actually incurred and reasonable attorneys' tees as permitted by Applicable Law; (b) to <br />all 5Ums secured by this Security Instrwncnt; and (c) any excess to the penon or persons legally <br />entitled to it. <br />23. Reconveyance. Upon pllynumt of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Il18trwnent and all notes <br />evidencing debt secured by this Security In5tn.unent to Tmstee. TIustec sbll11 rewnvey the Property <br />without warranty to the person or persons legslly entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charse such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third. party (such as the Trustee) for servicea rendered and the c1waiDa o~ ~e fee is <br />pennitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option. may from time to time remove Trustee and appoint a <br />successor trUstee to aD.y Trustee appointed hereunder by an instrument recorcIe<l in tb.e county in which thi!l <br />Secutity Instrument is rec.orded. Without conveyance of the Property, the succesSOr ttustee shall suc.ceed to <br />all the title, power and duties conferred upon Tnl!ltee herein and by Applicable Law. <br />25. R~uat for Notices. aorrowet requests that copies of I:h~ notice:: of default and sale be; sent to <br />Borrower's address which is the Property Address. <br /> <br />cDt.6INEIIQOO61 <br /> <br />page 1111l1'~ <br /> <br />Inl1lalJ:[h 2 <br /> <br />Form 3028 1/01 <br />