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<br />'. <br /> <br />200800525 <br /> <br />G-6(NE) (0407).02 <br />@ <br /> <br />by any governmental or regulatory authority, or any private party, that any removal 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. Nothing. herein shall create any obligation on <br />Lender for an Environmental 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 breacb of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The noticesball specify: (a) <br />the default; (b) the action required to cnretbe default; (c) a date, notIess than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) thatfallttre to cure the <br />default on or before the. date specified in theootice may result in. acceleration of the ~ums secured by <br />this Security Instrument and sale of the Property. The notice shall further iilformBorrower or the <br />right to reinstate after acceleration and the right to bring a court action to assert thenon-'existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is oot cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this Security Instrument withoutfurtber 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.providedin this Section 22, including,butnot limited 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 wbich <br />any part of the Property is located. and shall mail copies of snch notice in tbe maullerprescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicible Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sate tn thepersons811din thelllanner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall selLthe Property at <br />public auction to the highest bidder at the time and place anduliderthe tennsdesignated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement at the time and (llace Of any previously <br />schedulcd.sakLender or its designee may purchase the property at any sale" <br />Upon receipt of payment. of the price bid, Trustee. shall delivertothepurcbaser Trustee's deed <br />conveying the Property. The recitals in the Trustee' $ deed shall. be prima facie evidence. of the truth <br />of the statements made therein. Trustee shall apply the proceedsof the sale in thefollowing order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment ofthe <br />Trustee's fees actually incun'ed and reasonable attorneys' fees as permitted byApplicable Law; (b) to <br />all sums secured by this Security InstnIment; and (c) any excess to the persoD or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustec to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally. etltitled to it Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third party (stich as the Trustee) for servicesrendciedand the charging of the fee is <br />permitted under Applicable LaW. <br />24. Substitute Trnstee.Lender,at its option, may from titnetot1Illeremove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrumeirt recorded in the county in which this <br />Security Instrument isrecorded. Without conveyance oftheProperty,thesuccessortrustee shall succeed to <br />all the title, power and duties conferreduponTrustce hercin and by Applicable Law. <br />25. . Request for Notices. Borrowcr rcqucststhat copies of the notice of defauItand sale. be sent to <br /> <br />Borrowcr', -= which is the Pmperty Adm"" (~ 011027 B085 <br /> <br /> <br />'nitla,z:L <br /> <br /> <br />cf- <br /> <br />P~e13 0115 <br /> <br />Fonn 3028 1/01 <br />