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<br />200807872 <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 ill 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 fonowing <br />Borrower's breach of anycov~nant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action J:'equired to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by whichtbe default must be cured; and (d) that failure to cure the <br />default 011 or before the datcspecifiedln the notice may result in acceleration of the sums secured by <br />this Security lnstrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate.after accelerlltionand the right to bring a court action to assert. the non-existence of <br />a default or any oUler defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the datespedfiedin the notice, Lender at its option may require immediate payment in full of <br />all.sums secured .by this..Security InstI:ument 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 provided in this Section 22, including, but.not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power ofsale is invoked, Trustee shall record a notice of default in each county in which <br />any part of tbePropertyis located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required byApplicable Law, TrusteeshaU give public notice of sale to the persons 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 bJdder at. tbe time and place and under the terms designated in the <br />notice of saleinoneor more parc:elsand 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 place orany previously <br />scheduled sale. Ll'mderOf its designee may purchase the Property at any sale. <br />Upon receiptor payment orihe price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facieevidcnce of the truth <br />of the statements, made therein. 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, including the payment of the <br />Trustce'sfeesactually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; 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 <Ill 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 entitled to it. Such person or persons shall pay any <br />recordation costs.. Lender may charge such person or persons a fee for reconveyingthe 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 ofthe Property. the successor trustee shall succeed to <br />alllhe title, power and duticsconferred 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 />. .6G(NE) 100051.01 <br />i!> <br /> <br />Page 13 of 1 5 <br /> <br />InitialS~ D ~ 0130283368 <br />'~ ~ F.,m 302. 110' <br />