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<br />200808804 <br /> <br />404B504390 <br /> <br />or n:kase of a Hazardous Suhstancc which advcrsely affects thc value of thc Property, If BOlTowcr leaTIls, or is notified by any <br />govcnlmental or regulatory authoritv, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecling the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with <br />L~nvironll1ental Law, Nothing herein shall creale any obligation on Lender for an Environmental Cleanup. <br /> <br />NON~UNll"()RM COYEN^NTS. Borrower and Lender further covenant and agree as l(ll!OWS: <br />22. Al;Celeration; Remedies. Lender shull giye notin' to Borrower prior to acceleration following Borrower's <br />brelll.:h of uny cO\"emlRt or ugreement in this Security Instrument (hut not prior to acceleration under Section 18 unless <br />Applicuble Law proYides otherwise). The notice shltll specify: (a) the default; (b) the action required to cure the default; <br />(c) a dute, not less than 30 days from the dllte the notice is given to Borrower, by which the defuult must he cured; and <br />(d) that t"ailure to cure the default on or before the date specified in the notice may result in llcceleration of the sums <br />secured by this Security Instrument und sale of the Property. The notice shl"l further inform Borrower of the right to <br />reinstate after acceleration and thl' right to bring a court action to llssert the non-existence of a default or any other <br />defense of Borrower to acceleration und sale. If the default is not cured on or hefore the date specified in the notice, <br />Lender lit its option may relluire immediate pllyment in full of llll sums secured hy this Security Instrument without <br />further demand und may inHlke the power of sale and any other remedies pl'rmitted hy Applicahle Law. Lender shall <br />he entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including. hut not <br />limited to, reasonahle attorneys' fees ltnd cosh of title evidence. <br />If the power of sale is invoked, Trustee shall record II notice of default in each county in which any part of the <br />Property is located and shllll mail copies of such notice in the manner prescrihed by Applicable Law to Borrower lmd to <br />the other persons prescrihed by Applicahle LlIW, After the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons llnd in the mllnner prescribed by Applicllhle Law, Trustee, without demand on Borrower, <br />shllll sell the Property lIt puhlic auction to the highest hidder lIt the time and place and under the terms designated in <br />the notice of sale in one or more parcels Imd in Imy order Trustee determines. Trustee may postpone sllle of all Of Imy <br />parcel of the Property by puhlic lmnouncement lit the time and plllce of lmy previously scheduled sale, Lender or its <br />designee may purchase the Property at Imy sllle. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchllser Trustee's deed conveying the <br />Property, The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein, <br />Trustee shull apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment ot" the Trustee's fees adually incurred and reasonahle attorneys' fees as <br />permitted hy Applicllble Law; (b) to all sums secured by this Sccurity Instrument; lwd (c) any excess to the person or <br />persons leglllly entitled to it, <br />23, ReconveYllnce. Upon payment of all sums secured by this Security Instrument, I,ender shall request Trustee to <br />reconvey the Property and shall surrender this Security Inslnnl1ent and all notes evidencing debt secured by this Security <br />Instrumenl to Trustee. Trustee shall reconn:y the Properly without warranty to the person or persons legally entitled to it. Such <br />person or persons shall pay any recordation cosls. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the ree is paid to a third party (such as the Trustee) ror services rendered and the charging of the fee is <br />pennilled under Applictlble I,aw, <br />2-1. Suhstitute Trustee. Lcnder, at its option, may Ihlll1 lime to time remove Trustee and appoint a successor truslee <br />10 any 'l'rustce appointed hereunder by an inslrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Properly, the succcssor lfLlstee shall succeed 10 all the litle. power and duties confelTed upon <br />Trustee herein and by Applicable La\\. <br />25, Request for Notices. Borrower requesls that copies of the nolice of delimit and sale be sent to Borrower's address <br />which is the Proper Iv ^ddrcss, <br /> <br />"'EBRASK\--Singlc Family--F.nnil'l\l,,,,/Fr..ddk l\1al-lINIFOHMINSTRITI\1I':N'f <br />;\'Iodil1l'd For VA <br />€;>' 338,2 Page 11 or 12 <br /> <br />Form 3028 VOl <br />