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release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a <br />Hazardous Substance which adversely affects the value of the Property If Borrower looms, or is notified <br />by any governmental or regulatory authority, or any private party, that any removal or other remedlation <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 />NON-UNIFORAi COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration taboo-nV <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 lea than 30 days from the dale <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 or tine Property at public auction at a date not less than 120 days In <br />the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the <br />right to bring a court action to assert the non-existence of a default or any other defense of Borrower <br />to acceleration and sale, and any other matters required to be included in the notice by Applicable <br />Low. If the default is not cured on or before the date specified in the notice, Lender at its option, <br />may require immediate payment In full of all sums secured by this Security Instrument without <br />further demand and may invoke the power or sale and/or any other remedies permitted by <br />Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If Lender invokes the power of sale, Lender shall give written notice to Trustee of the <br />occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee <br />and Lender shall take such action regarding notice of sale and shall give such notices to Borrower <br />and to other persons as Applicable Law may require. After the time required by Applicable Law and <br />after publication or the notice of sale, Trustee, without demand on Borrower. shall sell the Property <br />at 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 />or the Property for a period or periods permitted by Applicable Law by public announcement at the <br />time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any <br />sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any <br />covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prime facie <br />evidence of the truth of the statements made therein. Trustee shall upply the proceeds or the sale in <br />the following order: (a) to all expenses of the sale, including, but nut limited to, reasonable Trustee's <br />and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it or to the clerk of the superior court of the county in which the <br />sale took place. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey 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 costs and the Trustee's fee for preparing the reconveyance. <br />24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint <br />a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties Fonferred upon Trustee <br />herein and by Applicable Law, �( <br />Initials 7- �H-/1� <br />-6(WA) (0012) Page 13 cl 15 Form 304E V01 <br />200204050080 <br />