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200304210985.013 <br />release of any Hazardous Substance, and (c) any condifion caused by the presence, use or release of a <br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority, or any private parry, that any removal or other rentediarion <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 Environmenul Cleanup. <br />NON-UNIFORA7 COVENANTS. Borrower and Lender further covenant and agree as folbws: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreeme— in this Security Instrument (but not prior to <br />acceleration under Section 18 unless .applicable Law provides otherwisf.). The notice shall specify: (a) <br />the derault; (h) the action required to cure the default; (c) a date, oat less than 30 days from the date <br />the notice is given to Borrower, by which the derault 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 tire Property of public auction at a date not Jess 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 anv other defense of Borrower <br />to acceleration and sale, and any other matters required to be included in the notice by Applicable <br />Law. Ir the default is not cured on or berore the dale specified In the notice, Lender at its option, <br />nmv require Immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale anti/or any other remedies permitted by <br />Applicable Law. Lender shall be entitled to tolled 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 or sale, Lender shrill give written notice to Trustee of the <br />occurrence or an event of default and or 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 othuf persons as Applicable Law may require. After the time required by Applicable Law and <br />after publication or the entice of sole, 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 o'sa!e in one or Entire parcels and in any order Trustee determines. Trustee may postpone sale <br />of the Property for a pt:rlo,l or periods permitted by Applicable Law by public announcement at llte <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 print.. facie <br />evidence or the truth of the statements nude therein.. Trustee shall apply the proceeds or the sale in <br />the rollowing order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's <br />and attorneys' fccs; (b) to all suns 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 or the county it] which the <br />sale took place. <br />23. Reconveyance. Upon paymcm of all suns 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. Tmstee shall reconvey the Property <br />without warranty to the person or persons legally entitledto it. Such person or persons shall pay any <br />recordation cosu acid the Trustee's fee for preparing die reconveyance. <br />24. Substitute Trustee. Ti, accordance with Applicable Law, Lender may from lime to time appoint <br />a successor uustce to any Trustee appoimed hereunder who has ceased to act. Without conveyance of the <br />Property, the successor trustee shal! succeed to all die title, power and duties conferred upon Trustee <br />Serein and by Applicable Law. <br />Initials. 1 xW, <br />Q•6(WA)100121 Page 13 or 15 Fovn 3046 1101 <br />