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201201526
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2/28/2012 9:27:34 AM
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2/28/2012 9:27:33 AM
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201201526
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2��20152C <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that aze generally recognized 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 />Borrower shall promptly give Lender written notice of (a) any investigarion, claim, demand, lawsuit or other <br />acrion by any governmental or regulatory agency or private party involving the Properry 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 condirion 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 governmentai or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />aff�ting the Properiy is necessary, Bonower shall promptly take all nec;essary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />lVon-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleration; iiemedies. Lender sl�ll give notice to Borrower prior to acceleration following <br />Borrower's bre�ach of any covenant or agreement in this Security Inskrument (but not prior to <br />acceleration under Section 18 unteas Aggvcabte Law grovides otherwise). T�e notice shall specify: (a) <br />the default; (b) the action required to cure the defauit; (c) a date, Hot Iess than 3(1 days from the date <br />the notice is given to Sorrower, by which the default must be cured; and (d) that failure to cure the <br />default on or bef�re the date specified is the notice m�y resuit in acceleratian of tlie sums s�ured by <br />it�is Secvrity �ment artd sale of the Property. The notice sfia�l furtlier inform Borrower of t�e <br />right to reins�te aftex ��ation auid the r�ght to isring a cowt ac�ion to �ssert the noa-existerece of a <br />c�ault ar any ather defense of Boraawer tv acceleration an� �le. If t�►e defae�lt is not c� on or <br />before t6e date specified in the aotice, I.e�sder �t its ogtion may require immediate payment in full of <br />all sums se�cnred by thus S�rity Ims�ffient wiit�6out f�rttser de�and and may invoke the power of sate <br />and any other remedies permitted by A�pl'icable Law. Lender s1�ll be entitied to collect aii eaipense.s <br />incurred in gursuing the remedies pro�ided is this Section 22, induding, but not Iimit� to, reasonable <br />attorneys' fee.s and costs of title evidence. <br />If the ��eer of sale is iuvokal, Tnistee shall record a notice of �efault in eaeh county in whic6 any <br />part of the Property is locat� and shall ma7 copies of such notice in t�e manner grescrib� by <br />Applicable Law to Borrower and to the otber persons prescribed by Applicable Law. After the time <br />requ�red by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicabte Law. Trust�, without demand on Borrower, shall sell the Property at public <br />auction 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 Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by pubtic announcement at the time and place of any previously schectuled 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 dced <br />conveying the Property. The r�itals in the 1 ruste.e's dced shall be prima facie evidence of the truth of <br />the statements made therein. Trust� shall apply the praceeds of the sale in the following order: (a) to <br />all costs and elcpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's f�s actuslly incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums s�ured by this Security Instrument; and (c) any exce.ss to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/07 <br />VMP � VMP6(NE) �1105) <br />Wolters Kluwer Financial Services Page 74 of 17 <br />
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