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201201757 <br /> senteaces shall not apply to the presence, use, or storage on the ProperLy of small quantities of I3azardous <br /> Substances that are generally recogaized to be appropriatc to normal residential uses and to maintenance of <br /> fhe Ytoperty(inclucling, but not limited tA, hazardous substances in consumer produets). <br /> Bozrower shall promptly give Lender written�iofice of(a) any invesUgakion, claun, demand, lawsuit or other <br /> acrion hy any governmental or regulatory agency or private party iirvolving the Property and any F-lazardous <br /> Substance or F.nvironmental Law of which Borrower has actual knowledge, (b) any Environmental <br /> Condition, including Uut not limited to, any spilling, lcaking, dischargc, rzlease or thrcat of release of any <br /> Haaardous Substance, and(c)any condition ca�efl by the preseuce, use or release of a Hazardous Substance <br /> which advezsely affects the value of the Property. If Bpnower Icams, or is notified by any govenuuzutal or <br /> regulatory authority, or any private party, that any removal or other remediafion of atry I-Iazazdous Substance <br /> affecting klie�roparty is necessary, Boaower shall promptly take all neeessary remedial actions in <br /> accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br /> Env'sonmental Cleanup. � <br /> Non-Uniform Covenants. Borrower and Lender covenaut and aeree as follows: <br /> 22. Acceleration; Remedies. Lender sl�all give notice to Borro�i�er priur to acceleration follo��ng <br /> Borro�ver`s breach.of any covenaut or agreement in this Security Instrument(bnt not prior to <br /> xcceleration under Secfion 18 unless Applicable Law provides othensise). "I'he notice shall specify: (a) <br /> the defaalt; (b) the action reqiored to cure the defanit; (s) a datc, not less than 30 days froin tlic date <br /> the nofice is given to Borrawer, by wluch the default must be cured; and (d) that fxilure to cure the <br /> defaixlt on or before the date specified in,the riokice may resnit in acceleration of tLe sum�secured by <br /> this Security Instmment and salc of the Property. The notice shall further inforffi Borrorver oF the <br /> right to reinstate after Accelerxtion and the right to bring a court action to assert 4he non-effistence of a <br /> default or any other defense of Borro�ver to accelerxtion and sale. If the default is not cured on or <br /> befare 13ie date specified in the notice� Lender at its oplion may roqnire imruediate payment in full of <br /> all sums secured by this Security Instrument without further demand und may invoke the pow�er of sale <br /> and xhy other remedies permitted by Applicable Law. Lender shall be enritled to colleet all espenses <br /> incnrrCd in pursuing the remedies provided in this Section 22, including, but not limited to, rexsonable <br /> attorneys' fees aud casts of title e«dencc. <br /> If the power of sale is invoke€I, Trustee shall record a nofice of default in each cog�qty in which any <br /> part of the Property ia locaYed and shall mail copies of such notice in the inanner prescribed by <br /> Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br /> required by App&cable Law, Tmstee shall give public noflce of sale to the persons and in the manner <br /> prescribed by Applicttble Law. Trustcc, �sithout demand on Borrower, shall sell the Property at public <br /> auction to the highest biddcr 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 dexermines. Trustee may postpone sate of all or xny <br /> parcel of the Property by public xnnouncement at the time and place of any previously scheduled sale. <br /> Lender or its designee may purchase the Property at any sale. <br /> Upon eeceipt of payment of the price bid, Trustee shall deliver i'o the purehaser Tn�stee's deed <br /> sonveying fhe Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of <br /> the statements made Yhereiu. 77ustee shall agply the proceeds of the sale in the followi�ig order: (a)tp <br /> all costs and espenses of exexcising Ehe power of sale, and the sate, incln�ng the payment of fhe <br /> Trnatee's fees actually incurred and reasonable attorneys' fees as permi#ted by Applicable Law; (b) to <br /> all sums secured 6y tliis Security Instrument; and(c) any excess to the person or persons leg.�lly <br /> entitled to it. <br /> za000sia <br /> NEBR0.5KA-SingleFamily-FannieMae'Fretltlie h9ac UVIFORh1 INSTRIIlLENT Form 3028 VDi <br /> VbIP� VMPB(NE)(1 i05) <br /> 4'JOlters Kluw er F:nancial Services Page 1e of t� <br />