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20120117� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to ma.intenance 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 l�owledge, (b) any Environmental <br />Condirion, 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 Borrower 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 necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental La.w. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shali give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this S�urity Instrument (but not prior to <br />acceleratioa t�uder Section 18 unless Applicable Law provides otherwise). 7'he notice shail speciiy: (a) <br />the defauit; (b) the action required to cure the default; (c) a date, not les,s than 30 days from the date <br />the noface is given to Borrower, by which the default must be cured; and (d) that failure to ctve the <br />default on or before the date s�cified in the aot3ce may r�sult in acceleration of the sums secured by <br />this Security Instrument and sale of the Praperty. �►e notice shall further inform Borrnwer o€ the <br />right to reinstate after acceleration and the right to bring a caurt a�ion to assert the non-e�stence of a <br />defautt or any other defeffie of Borrower to aeceleration and sale. If the d�fault is not cured on or <br />before the dsate specified in the notice, Lender at its option may require immediate �ymeat in fiill of <br />ali sums secured by this Security Instrument without further demand and may invoke the power of sate <br />and any ot6er remedies permitted by Applicable Law. Lender shall be entitled to colle,ct aIl expenses <br />incurred in pursuing the remedies provided in this Section Z2, including, but not limited to, reaso�able <br />attomeys' fees and costs of title evidence. <br />If the power of sale is invaked, Trustee sha11 record a notice of default in each county in which any <br />part of the Property is le�cated and shatl mail copies of such notice in the manner preseribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trust� shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the Wghest 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 Trustee determines. Trustee may postpone sale of all or any <br />garcel of the Property by public announcement at the time and place of any previously sch�uled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon r�eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustce's deed shall be prima facie evidence of the truth of <br />the statements made therein. 1�ustce shall apply the proceeds of the sale in the following order: (a) to <br />all costs and expens� of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums s�ured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMEWT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/01 <br />VMP6(NE) (1105) <br />Paga 14 of 17 <br />