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�o��o���� <br />to Borr wer pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action <br />provisi ns of this Section 20. <br />2. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasolin , kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materi s containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws an laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; <br />(c) "E vironmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Enviro ental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherw'se trigger an Environmental Cleanup. <br />B rrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or thr ten to release any Hazardous Substances, on or in the Property. Borrower sha11 not do, nor a11ow anyone else <br />to do, ything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Enviro ental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />conditi n that adversely aff�ts the value of the Property. The pre,ceding two sentences sha11 not apply to the <br />presen e, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized <br />to be propriate to normal residential uses and to maintenance of the Properly (including, but not limited to, <br />haza.rd us substances in consumer products). <br />B nower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action y any governmental or regulatory agency or private party involving the Property and any Hazardous Substance <br />or Envi onmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limitel to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />conditi n caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Prope y. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that <br />any re oval or other remediation of any Hazardous Substance affecting the Properly is necessary, Borrower shall <br />prompt y take a11 necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligat on on Lender for an Environmental Cleanup. <br />which <br />notice <br />notice <br />action <br />power <br />expens <br />attorn� <br />Ii <br />of the . <br />Borro� <br />Truste <br />withoi <br />place a <br />detern <br />and pl <br />L <br />the Pt <br />made i <br />of exe� <br />reason <br />and (c <br />2 <br />to recc <br />Securi� <br />entitle� <br />fee for <br />and thi <br />2 <br />trustee <br />is reco <br />Form <br />�N-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration Following <br />er's 6reach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />18 unless Applicable Law provide,s otherwise). The notice shall specify: (a) the default; (b) the action <br />d to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />he default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />�ay result in acceleration of the sums s�ured by this Security Instrument and sale of the Property. The <br />hall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />o assert the non-e�stence of a default or any other defense of Borrower to acceleration and sale. If the <br />is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />it in full of all sums secured by this Security Instrument without further demand and may invoke the <br />►f sale and any other remedi� permitted by Applicable Law. Lender shall be entitled to collect all <br />s incurred in pursuing the remedies provided in this 5ection 22, including, but not limited to, reasonable <br />ys' fees and costs of title evidence. <br />the power of sale is invoked, Trustee shall record a notice of default in each county in wluch any part <br />'roperty is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />er and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, <br />: shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />; demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />nd under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />ines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />ce of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />pon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />rperty. The r�itals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />�erein. Truste,e shall apply the proceeds of the sale in the following order: (a) to all costs and expenses <br />;ising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />ible attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this 5ecurity Instrument; <br />any exc�ss to the person or persons legally entitled to it. <br />�. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />ivey the Pr�perly and shall surrender this Security Instrument and a11 notes evidencing debt s�ured by this <br />i Instrument to Trustee. Trustee sha11 reconvey the Property without warranty to the person or persons legally <br />to it. 5uch person or persons shall pay any r�;ordation costs. Lender may charge such person or persons a <br />•econveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />charging of the fee is pernutted under Applicable Law. <br />4. Substitute Trustce. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />;o any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br />3ed. Without conveyance of the Property, the successor trustee shall succeed to a11 the title, power and duties <br />�1 upon Trustee herein and by Applicable Law. <br />81 <br />Family--Fannie Mae/Freddie Mac UNI�RM INSTRUMENT - MERS <br />Page 9 of 11 <br />DodNag►c � <br />www. docmagfc. com <br />Ne3028.mzd.xml <br />