LOAN #: 211125883 transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arisas from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, unt! such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and cpportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) “Hazardous Substances” are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) “Environmental Law’ means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) “Environmental Cleanup” includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an “Environmental Condition’ means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shail not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condi- tion, or (c} which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). . <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, <br />use or release of a 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 party, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 <br />untess Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure <br />the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must <br />be cured; and (d) that fallure to cure the default on or before the date specified in the notice may result in accel- <br />eration of the sums 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 assert the non-existence <br />of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the <br />date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this <br />Securlty Instrument without further demand and may invoke the power of sale and any other remedies permitted <br />by Applicable Law. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In <br />this Section 22, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the <br />occurrence of an event of default and of Lender’s election to cause the Property to be sold and shall cause such <br />notice to be recorded in each county in which any part of the Property Is located. Lender or Trustee shall give <br />notice of sale in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Appli- <br />cable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shail sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated tn the notice of sale <br />in one or more parcels and In any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee <br />may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, <br />expressed or Implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the sale, <br />Including, but not limited to, reasonable Trustee's and attorneys’ fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shail request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying <br />the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the <br />fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee <br />appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and <br />duties conferred upon Trustee herein and by Applicable Law. <br />OREGON - Single Family - Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Form 3038 1/01 ICE Mortgage Technology, tnc. Page 8 of 10 <br />