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actions in accordance with Environmental Law. Prior to taking any such remedial action; <br />however, the Borrower shall notify the Senior Lien Holder that such remedial action is <br />necessary and shall obtain the Senior Lien Holder's prior written consent for such remedial <br />action. <br />As used in tills paragraph 22, "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances by Environmental Law and the following substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As <br />used in this paragraph 22, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />23. Acceleration; Remedies. Lender shall give notice to Borrower and the Senior <br />Lien holder prior to acceleration following borrower's breach of any covenant or agreement in <br />this Security Instrument. The notice shall specify: (a) the default; (b) the action required to <br />cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower <br />(and with respect to the Senior Lien Holder, 60 days from the date the notice is given to the <br />Senior Lien Holder), 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 <br />secured by this Security Instrument and sale of the Property. The notice shall further inform <br />Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the non-existence of a default or any other defense of Borrower to acceleration and <br />sale. If the default is not cured by the Borrower on or before the date specified in the notice, <br />and the Senior Lien Holder has not exercised its right to cure the default, then Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies permitted <br />by applicable law. Notwithstanding Lender's right to invoke any remedies hereunder, as <br />provided in Section 8 above, the Lender agrees that it will not commence foreclosure <br />proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies <br />hereunder until it has given the Senior Lien Holder at least 60 day's prior written notice <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 23, including, but not limited to, reasonable attorney's fees and costs of title <br />evidence. <br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in <br />the manner prescribed by applicable law to Borrower, the Senior Lien Holder and to the other <br />persons prescribed by applicable law. Trustee shall give notice of sale by public advertisement <br />for the time and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder for cash at the time <br />and place and under the terms designated in the notice of sale in one or more parcels and in <br />any order Trustee determines. Trustee may postpone the sale of all or any parcel of the <br />Property to any later time on the same date by public announcement at the time <br />12 <br />HOME DEED OF TRUST <br />CD <br />(-7 <br />O <br />CJI <br />cn <br />CO <br />