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<br />200801215 <br /> <br />by any governmental or regulatory authority, or any private party, thar any removal or other remediation <br />of any Hazardous Substance affecting the Propeny is necessary, Borrower shall promptly take all necessary <br />remedial {lctions in accordance with Environmental Law. Nothing herein shall Create any obl,gation on <br />lender for an );:nvironmenra] Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender funher Covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's bJ:"each of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Lnw provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a dnte, not less than 30 days from the date <br />the notice is glveu to Borrower, by wbic.b the default must be curedj and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration ot the sums secured by <br />this Stturity InstnIment IUld sale of tbe Properly. The notiCe shall further inform Borrower ot the <br />right to reinstate after acceleration and the right to bring a court acUon to assert the nonaemtt".nte of <br />a default or any other defense of BOrJ;ower to acceleration and sale. It the default is not cured on or <br />before the date SPecified ill the notice, Lender at its optiOQ may require immediate payment in full of <br />all swns secured by this Security Instrument without further demand and. may invoke the power ot <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the reknedies provided in this SecUon 22, including, but not limited to, <br />reasonable attorneY05' fees and costs of title evidence. <br />It the power of sale is invoked, Tl1lstee shall record a notice of default in each county in which <br />any part of the Property i$ JOtatcd and sball mail copies of such notice in the manner prescribed by <br />Applicable Law to .8orrower and to the other persons preKribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give pUblic notice of sale to the persODS 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 lmder the terms designated in the <br />notice of sale in one or mOre parcels and in any order Trustee determines. Trustee may postpone sale <br />of aU or any parcel of the Property by public announcement at the time and place of aoy previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment ot the price bid, Tru6tee 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 tbe truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the tollowing order: (a) <br />to aU costs and expenses of exercising the pOwer of sale, and the sale, including the payment of tbe <br />Trustee's fees actually incurred and reason~ble attorneys' tees as permitted by Applicable La",; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or perilOus legally <br />entitled to it. <br />23. Rf(onveyance. Upon payment of all sums secured by mis Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender tbis Security In$tnzment and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trusree shall reconvey the Propeny <br />wirhout warramy to the person or persons legally entitled to it. SUch person Or persons shall pay any <br />reCordation costs. Lender may charge such person or persons a fee fot recOtlveying the Propeny, bUlonly <br />if me fee is paid to a third pany (such as the Trusree) for services rendered and the charging of me fro is <br />permined llI)~er Applicable Law. <br />24. Substitute Trustee. Lender, at its optjon. may from time to time remove Trustee and appoint a <br />successor trusIee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the succeSSOr trustee shall succeed to <br />all the title, power and duties conferred upon Trus[ee herein and by Applicable Law. <br />25, Request for Notices:. Borrower requesrs Ibat copies of the notice of default and sale be sent to <br />BorA'ower's address which is the Property Address. <br /> <br />.. -6INEllOO061 <br />@ <br /> <br />In~'VIi:~ <br /> <br />P"!l9 13 01 15 <br /> <br />Form 3028 "01 <br /> <br />ps <br />