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�0110303� <br />1111058045 <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual Irnowledge, (b) any Environmentat Condition, including but not limited to, any spilliag, <br />leaking, discharge, release or threa.t of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />or release of a Hazardous Substance which advezsely affects the value of the Property. If Borrower learns, or is not�fied by any <br />governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shaII give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (bnt not prior to acceleration nnder Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is g�iven to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the snras <br />secused by th�s Security Instrnment and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-earistence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cnred on or before the date specified in the notice, <br />Len�ier at its option may reqnire immediate payment in fall of all sums secnred by this Secnrity Instrument withont <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. I.,ender shall <br />be entitled to collect all expenses incurred in pursuing the remed�es provided in this Section 22, including, but not <br />limited to, ceasonable attorneys' fees and costs of Htle evidence. <br />• If the power of sale is invaked, Trustee shall record a notice of defanit in each connty in which any part�of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to <br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />noHce of sale to the persons and in the manner prescribed by Applicable Law. Trustee, wiEhout demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the nme and place and under the terms designated in <br />the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the Property at any sale. . <br />Upon receipt of payment of the price bid, Trastee shaIl deliver to the purchaser 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 there3n. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of egercising the power <br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Secut7tty Instrument; and (c) any egcess to the person or <br />persons legally entitled to i� <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and sha11 surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Inshvment to Trustee. Trustee shall aeconvey the Propeaty vv�thout warranty to the person ar persons legally entitled to i�. Such <br />person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third pariy (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. � <br />24. Substiiute Trustee. Lender, at its option, may from time to time remove 'Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument zecorded in the county in wluch this Security Instrument is recorded. <br />Witfiout conveyance of the Property, the successor trustee shall succeed to all the title, power a.nd duties conferred upon <br />Trustee herein and by Applicabie La.w. <br />25. Request for Notices. Bonower requests �that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />NEBI2ASI{A--Single Family—Fannie MaelFreddie Mac iJ1HIFORM INSTRUMENT <br />Modified for VA <br />e� 338.2 Page 11 of 12 Form 3028 U0� <br />