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201200088
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1/5/2012 9:06:07 AM
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1/5/2012 9:06:06 AM
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201200088
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20�2U008� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that aze generally rec;ognized to be appropriate to normal residential uses and to maintenance of <br />the Property (including, but not limited to, hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Bonower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is ne�essary, Bonower shall promptly take all necessary remedial acrions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender sltatl give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this S�wity Ldstrument (but not prior to <br />acceleration under 5ee�ion 18 �nless Applicable Law provides oti�erwise). The notice shall sp�ify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />defauit on or before �e date speci�i� in the notice may result in acceleration of the sums secured by <br />this Security InstrumeIIt and sate of the Pcoperty. The notice shall fe�rther inform Borrower of the <br />rig6t to reinstate after acc�Peration � the right to bring a court action to assert the �n-e�steBce of a <br />default or any other defe� af Borrower to acceleration and saie. If tbe defa�lt is not cured on or <br />before t6e date specified in the Hotice, Lender at its option may r�uire immediate payment in full of <br />all swns s�ured by this Security Instrnment without further demand and may invoke the power of sale <br />and any other remedies �rmitted by Applicable I.aw. Lender shall be entitled to colle,ct all ex� <br />incurred in pursuing the re�uedies provided in this Section Z2, induding, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Tn�st�e shall record a natice of default in eacb county in which �ny <br />part of the Property is ioested and shall mail copies of such notice in the manner prescribed by <br />Applicable I.aw to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Iaw, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable I.aw. Trust�, without demand on Borrower, shall sell the Property at public <br />suction to the highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trust� determines. Trustee may postp�ne sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trust�'s deed <br />conveying the Pro�rty. The recitals in the Trustee's dced shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and eTCpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fe.es actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or gersons legally <br />entitled to it. <br />NEBRASKA-Single Famfly-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Woiters Kluwer Financial Services <br />Form 3028 1/Ot <br />VMP6(NE) (1105� <br />Page 14 of 17 <br />
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