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200910138 by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Lnvironmental L,aw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNI1'ORM COVENAN'T'S. Borrower and Lender further covenant and agree as firllows: ZZ. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fallowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section t$ unless Applicable l.aw provides otherwise). 7'he notice shall specify: (a) the default; (b) the action required to cure the dct'ault; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument: and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sole. If the default is not. cured an or before the date specifred in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power at' sale and any other remedies permitted by Applicable I.aw. l,endcr shall he entitled to collect all expenses incurred in pursuing the remedies provided in this Section Z2, including, but not limited ta, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall recor[I a notice ot" default in each county in which any part: of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest. bidder at the time and place and under the terms designated in the notice of salern one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment: of the Trustee's fees actually incurred and reasonable attorneys' fees as permit ed by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Z3. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request 'T'rustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey tl~e Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordatiorr costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. Z4. Substrtuie Trustee. Lender, at its option, may from time to time remove 'Trustee and appoint a successor trustee tv any Trustee appointed hereunder by an instrument recorded in the countyrn which this Security Instrument. is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power anti duties conferred upon Trustee herein and by Applicable; Law. ZS. Request t'ar Notices. Borrower requests that copies oP the notice of default and sale be sent to Borrower's address which is the Property Address. t)11Q299891 tia -6(NE) ~oao~~.oz pie ~s or is Form 3028 1/01 ..-.-_~