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201201527
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2/28/2012 9:27:57 AM
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2/28/2012 9:27:57 AM
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DEEDS
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201201527
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20120�52; <br />sentences shall not apply to the presence, use, or storage on the Property of sma11 quantities of Hazardous <br />Substances that are 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 invesrigarion, claim, demand, lawsuit or other <br />action 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 lmowledge, (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 Borrower learns, or is notified by any govemmental 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 Law. Nothing herein sha11 create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Accelerafion; Remedies. Lender shall give notice to Borrower prior to acceleration foRowing <br />Borrower's br�ch of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 untess Agplicable Law provides otherwise). The notice shall specify: (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 />defautt on or befo� the date specified in the notice may result in acceleration of the sums secured by <br />tt�is Security Instrument and sale o€ the Property. The notice shalt further inform Borrower of the <br />right to rei�tate after acceleration and the reght to bring a cow�t action to assert the non-earistence of a <br />default or any ather defense of Borrower to accelerttion and sale. If the default is not cured on or <br />before the d�te specif'zed in the notice, Lender at its option may require immediate gayment in fiill of <br />all setms sect�red by tEtis Security Instrument withaut further demand and may invoke the power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all e�penses <br />incurre�i in pursuing the remedies provided in this Section 22, iacluding, but not limited to, reasonable <br />attorneys' fees and casts of title evidence. <br />If the power of sale is invoked, Trust� shall record a notice of default in eacb county in wluch any <br />part af the Property is located and shail mait copies of such notice in the manner prescribed by <br />Apglicable Law to Borrower and to the other perso� prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee 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 />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its design� may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trust� shall deliver to the purchaser Trustee's deed <br />conveying the Property. The r�itals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. 1 rustee shall apply the prceeeds of the sale in the following order: (a) to <br />all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sams secured 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 Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP p VMP6INE) (1105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />
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