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201001205 <br />by any T;overnmental ar 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 />NUN-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. 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 provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (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 nn or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the nun-existence of <br />a default or any other defense of Harrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full ot" <br />all sums sutured by this Security Instrument without further demand and may invoke the power of <br />sale and any ether remedies permitted by Applicable I.aw. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 2Z, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of Balers invoked, Trustee shall record a notice of default in each county in which <br />any part of the Property is 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 by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand an Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under 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 all or any parcel of the Property by public annonncernent at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the 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 facie evidence 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 />Trustee's fees aetually 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 />Z3. Recanveyance. Upon payment of all sums secured by this Security Instrument, 1..cndcr shall <br />request Trustee to rcconvey the Property and shall surrender this Security Instrument and all 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 casts. Under 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 tune to time remove Trustee and appoint a <br />successor trustee to any 'Crustee 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 Trustee herein and by Applicable Law. <br />25. Request for Nottces. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />oiia~oi~35 <br />~~m~ <br />-61NE) ~aao~~.az awe ~ a of ~ 5 Form 3028 7101 <br />p.~ <br />