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RecDoc 95-058926
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1995
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RecDoc 95-058926
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5/21/2024 11:50:33 AM
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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 necessary <br />and shall obtain the Senior Lien Holder's prior written consent for such remedial action. <br />As used in this 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, volatile <br />solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br />this paragraph 22, "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection. <br />23. Acceleration; Remedies. Lender shall give notice to Borrower and the Senior <br />Lien Holder of the First Deed of Trust prior to acceleration following borrower's breach of any <br />covenant or agreement in this Security Instrument. The notice shall specify: (a) the default; (b) t r� <br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is Cn <br />given to Borrower (and with respect to the Senior Lien Holder, 60 days from the date the notice C7 <br />is given to the Senior Lien Holder), by which the default must be cured; and (d) that failure to cn <br />cure the default on or before the date specified in the notice may result in acceleration of the sums Co <br />co <br />secured by this Security Instrument and sale of the Property. The notice shall further inform tJ <br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert cn <br />the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured by the Borrower on or before the date specified in the notice, and the Senior <br />Lien Holder has not exercised its right to cure the default, then Lender at its option may require <br />immediate payment in full of all sums secured by this Security Instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by applicable law. <br />Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 8 above, <br />the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of <br />foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien <br />Holder at least 60 day's prior written notice Lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this paragraph 23, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale <br />in the manner prescribed by applicable law to Borrower, the Senior Lien Holder of the First Deed <br />of Trust and to the other persons prescribed by applicable law. Trustee shall give notice of sale <br />by public advertisement for the time and in the manner prescribed by applicable law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder for <br />cash at the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. Trustee may postpone the sale of all or any parcel of <br />the Property to any later time on the same date by public <br />13 <br />STANDARD DEED OF TRUST <br />
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