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2o1oos45� <br />by any gavernmental or regulatory authority, or any private party, that any removal or other remediation <br />af any Hazardous Substance affecting the Froperty is necessary, Borrower shall promptly takc all necessary <br />remedial actions in accardane� with Environmental Law. Nothing herein shall create any obligation on <br />Lender fc>r an �nvironmental Cleanup. <br />NON-iJNIFORM 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 />Barrower's breach of any covenant or a�reement in this Security Instrument (but not prior to <br />acceleration under Section 1$ 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 on 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 accelera�tion and the right to bring a court action to assert the non-existence of <br />a default or any other defense of Borrower 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 of <br />��II sums secured by this Security Inskrument without furkher demand and may invoke the power of <br />sale and any other remedies permikted by Applicable I.aw. I.ender 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 />lf the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the Property is located and shalt mail copies of such notice in the manner prescribed by <br />Applicable Law to Barrower and ta the other persans prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale ta the persans 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 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 publ�c announcement at the time �nd place of any previausly <br />scheduled sale. Lender or its desi�nee m�y purchase the Praperty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver ta the purchaser Trustee's deed <br />conveyin� 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 fallowing arder: (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 actually 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. Reconveyance. Upon payment of all sums secured by this Security instrument, Lender shall <br />request Trustee to reconvey the Prop�rty and shall surrender this Security Instrument and all notes <br />evidencing debt secured by thi:± Sccurity Instrument to Trustee. Trustcc shall rcconvcy the Property <br />without warranty to tlie perscm <�r persons lcgally entitled to it. Such person or pc:rsons shall pay any <br />recordation costs. Lender may charge such person or persons a fce for reconveyiiYg tl�� Prop�rty, but anly <br />if thc fee is p�id to a third party (such as the Trustee) for services rendered and the charging of the f�e is <br />permitt�d undcr Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee ta any Trustee appointed hereunder by an instrument recorded in the caunty in which this <br />5ecurity 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 Notiees. $orrower requests that copies of the notice of default and sale be sent to <br />Barrower's address which is the Property Address. <br />� 1.111056206 <br />i� <br />�-S(NE) (oao�).o2 P�e 13 of 15 _ F0171'1 3OZS 1/01 <br />