|
2oioo7i52
<br />Neither Borrower nox Lender may commence, join, or be joined Do arty judicial action (as either an individual litigant or the
<br />member of a class) that anises from the other party's actions pursuant to this Security instrament or that alleges that the other
<br />party has breached any provision of, or any duty awed by reason of, this Sectrity instrument, until such Borrower or Lender
<br />has notified the other parry (with such n~iec given in compliat~e with the rerpairements of Section 15) of such alleged breach
<br />and afforded the other party hereto a reasonable period after the giving of such notice to take eortecti~ue action. if Applicable
<br />Law ptrnrides a time period which must e~pse before certain action can be taken, that time period will be deemed to be
<br />reasonable for purposes of this paragraph The notice of acceleration and opportunity fo curie given to Borrower pursuant to
<br />Section S and the notice of acceicration given to Borrower puasuatat to Section l8 shall be deemed to satisfy the native and
<br />opportunity to take cozxective action provisions of this Section 2t1.
<br />~9. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic
<br />or hazardous substances, polhrtants, or wastes by Environmental Lawand the following substances: gasoline, keaosene, other'
<br />tiammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materiels containing asbestos or
<br />fomraldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental protection; (c) ° Environmental Cleanup" includes arty
<br />response action, remedial action, or removal action, as defined ti Environmental Law; and (d) an "Emironmerrtal Condition"
<br />means a condition that eau cause, contribntc to, or otherwise trigger an Ettvirxattmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, nr
<br />threaten to release arty Hazardous Substances, on or in the Property. Harrower shall rat da, nor allow attyane else to der,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which crearoes an EnviraturteNai
<br />Condition, or (c} which, due to the presErtce, use, err release of a I~aardous Substance, creates a condition that adversely
<br />affects the value of the Properly. Tlae preeedi~ two sentences shall not apply to the ptesencey use, or storage on the Property
<br />of small quantities of Harrazdotts Substances that are liy recognized to be appropriate k normalxesidential uses and to
<br />maintenance of the Property (including, but not limited ter, hazar~us substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, clean, demand, lawsuit err other action by any
<br />govemmetttal. or regulatory agency err private patsy involving flu' Property and any Hazardous Substance ax Environmenntal
<br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, arty spilling,
<br />leaking, discharge, release or threat of release of arty Hazardous Substance, and (c) any condition caused by the preset~c, use
<br />or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any
<br />govermnental or regulatory authority, or a~ private party, that any removal or other rennediation of arty Hazardous Substance
<br />a1Y'ecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Ertvironrnetrtal Law. Nothing herein. shall create aqv obligation an Lender for an Ercvirorurtetttal Cleanup.
<br />NON UMFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acce4eration; Remedies. Lender shall give notice to Harrower prior to aeceleratian following Borrotiver's breach of
<br />any covenant err agreement in ihia Security Iast~ument (but not prior to acceleration under Beetles 18 rmleas Applicable
<br />Law provides otherwise). 77te notice shall specify: (a) the default; (b) the action ret;nired to care the default; (c) a date, not
<br />rem than 3b days from the date the notice is given to Borrower, by which the default meat be cared; and (d) that failure to
<br />cure the default on or before the date specified lop the notice may restdt in acceleration of the same secures bythia Security
<br />instrument and sale of the Property. 'the notice shat( further iafarm Horrower of tiro right to reinstate oilier acceleration
<br />and the right to btfmg s court action ro assert the non-existence of a default or any other defense of Borrower to acceleration
<br />and sale. if the default is not cured on or bet'ore the date specified in the notice, Lender at its option may require immediate
<br />payment m Tull of all sums secured by thin Security Instrument without iarther demand and may iurvoke the power of sale
<br />and any other rer-aedies permitted by Applicable Law, Fender shall be entitled to co>lect ail expenses incurred in pursuing
<br />the remedies provided in this Section ZZ, iadading, bat not lhnited to, reasonable atroraeys' fees and costa of title evidence.
<br />If the poser of oak is invoked, lywtee shall record a notice of default in each county is wh#ch a~+ part of the Property
<br />is located and shall mail copies of such noflce is me manner prescribed by Applicable Law to Harrower sad to the other
<br />persons preacn'bed by Applicable Latr. After the time required by Applicable Lavr, Trnatee shall give public notice of aa~ tt-
<br />the persons sad in the manner preacn'bed by Applicable Law. Trustee, without demand on Borrower, shall aril the Property
<br />at public auction to the highest bidder at the time sad place and ender the terms designated ist the notice of sale in one err
<br />atone parcels and in say order 7'ntstee determines. Traatee may postpone aerie of all or any parcel of me Property by public
<br />announcement at rite time and place of any previously scheduled rile. Lender or its designee may purchare the Property at
<br />any sett.
<br />NCBtiAEKA - Single Famly - Fannit MaerFradaiv sNao UNIFORM MIS7RUM~NT ~1 L
<br />~~Nq roei~} P.e. n ~r~• uaraur. ,~ farm sttz~ 110(
<br />~ ND9
<br />immmmm
<br />
|