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<br />200803233 <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; RcIi1edies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law providtlS otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the def~ult;. (c) a'date, not less 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 cure the <br />default on or before the date specified .in the notice mllyresult in acceleration of the swns secured by <br />this Security lostruntctJtand sale. of the Property. Thenoticeshallfurtberinforna Borrower .Qf the .. <br />right to.r~nstate after a~leration and the right~ bring a court action tc> assetitbe non-existence of <br />a . defauUor any otberdefenseof ,Borrower toacceleradonand . sale. . If the default is. not cured on or <br />before.the date specified in the.noticc, . Lender at its ()ption lDay requi~ immediate paymentjn full of <br />all. SUUlS secured, by this Security . Instrument withoutfui1her demand and "UlY invoke the power of <br />sale and au)' other remedies peI1llitted by AppliCllple Law. Lender shull be entitled to cOllect all <br />expenses incurred in pursuing the remedies provided in tbis Section 22, iucluding, but not limjted to, <br />reasonable attorneys' . fees aud costs of title eyidence. . .... . <br />If the power of sale is invoked, Trustee shall recorda noticcof default bl.each (Ountyin which <br />an)' part of the property is located and shall mail copies of such notice in the marmer prescribed by <br />Applicable Law to Borrower and. to the other personsprescrib~by Applicable Law . After the. time <br />required by Appliaible Law, TruStee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, .without. demand on Borrower, shaD seUtbe .Property at <br />public auctioJi to the higbest bidder .Ilt the time and place and under the. tenDs .4esignated in the <br />notice of sale in one or more parceis and many order Trustee determines.. 1'rns1ee may postpone sale <br />of all or any parcel of the Property bypubUc announccIi1eittat the time and place of any previously <br />schedulc(J sale. Lender or its designee may purchase tbe Property at aily sale. <br />UpOil receipt of payment of the price bid, TrusteesbaU deliver to tbe purchaser Trusteeis deed <br />conveying the Property. The recitals in the Trustee's deed shall be'pripi.u facie evidence of the truth <br />of the statements made tberein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, includillg the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured b)' this Security Instniment; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee. shatl reconvey the Property <br />without warranty to thei>erson 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 for reconveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services. rendered and the charging of the fee is <br />permitted 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 any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, tbe successor trustee shall succeed to <br />all the title,. power and duties conferred upon Trustee herein and by Applicable Law. <br />25. RequeSt for NoticeS. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br /> <br />0110280078 <br /> <br />fit-SINE) (0407).02 <br /> <br />Page 13 of 16 <br /> <br />Inl~''":~ <br /> <br />)f 4 'l <br /> <br />Form 3028 1'01 <br />