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<br />,; ';Z6D 71bD8'7
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<br />Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes of the Loan Servieer unrelated to a sale of the Note. Ifthere is a change of
<br />the Loan Servieer, Borrower will be given written notice ofthe change which will state the name and address oftbe new
<br />Loan Servieer, the address to which payments should be made and any other in/ormation RESPA requires in connection with
<br />a notice of transfer of servicing. If the Note is sold and tbereafter the Loan is serviced hya Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servieer or be
<br />transferred to a successor Loan Servieer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may eommcnee, join, or be joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises trom the other party's actions pursuant to this Security Instrument or that alleges
<br />that the other party has breached any provision of, or any duty owed hy reason of, this Secunty Instnullent, until such
<br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take
<br />corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acccleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section I H shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a' "Hazardous Substances" are those substances
<br />defined as toxic or ha7.ardous substances, pollutants, or wastes by Environmental Law and the tollowing substances: gasoline.
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or fomlaldehyde, and radioactive materials: (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cle;mup" includes any response action, remedial action, or removal action, as defined in Environmental Law: and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause Or permit the presence, use, disposal, storage, or release of any Hazardous Substances, Or
<br />threaten to release any Hazardous Substances, On Or in the Property. Borrower shall not do, nOr allow anyone clse to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of slllall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, clainl, demand, laWSUIt or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat ofrclease of any Hazardous Substance, and (c) any condition caused by the
<br />presence, use or release of a Hazardous Substance which adversely aflects the value of the Property. If Borrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an Environnlental 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 acceleration following
<br />Borrower's breach of any covenant or al(reement in this Security Instrument (hut not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which
<br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non-existence ofa default or anv other defense of Borrowerto acceleration and sale. lfthe default is not cured on or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br />secured hy this Security' Instrument without further demand and may invoke the power of sale and any other
<br />remedies permitted hy Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
<br />remedies provided in this Section 22, including, hut not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power ohale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower
<br />and to the other persons preserihed by Applicable Law. After the time required by Applicable Law, Trustee shall
<br />I(ive puhlic notice of sale to the persons and in the manner preserihed hy Applieahle Law. Trustee, without demand
<br />on Borrower, shall sell the Property at public auction to thl' hil(hest bidder at the time and place and under the
<br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines, Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed eonveyinl(
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made
<br />therein. Trustee shall apply the proceeds of the sale in the followinl( order: (a) to all costs and expenses of exercising
<br />the power of sale, and the sale, including the payment of the Trustee's rees actually incurred and reasonable
<br />attorneys' rees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any
<br />excess to the person or persons legally entitled to it.
<br />23. Reconveyance, Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it.
<br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the
<br />Property, bm only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe tee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded. Without conveyance oflhe Property, the successor Irustee shall succeed to all the tille, power and dmies conferred
<br />upon Trustee herein and by Applicable Law.
<br />25. Request ror Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />
<br />NEllJVSKA-Single Family-Fannie Mac/Freddie Mac U:-rlFORM INSTRUMENT
<br />97S4.CV (I/OS) 689S555040
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<br />Fo,m 3028 lIOI (page 7 ,,/N pages)
<br />Ctelltlvl; Thlnklhgt IhC.
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<br />GOTO(001685ee)
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