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201202096
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3/20/2012 10:08:40 AM
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3/20/2012 10:08:39 AM
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DEEDS
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201202096
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20120209G <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.intena.nce of <br />the Properry (including, but not limited to, hazardous substa.nces in consumer products). <br />Borrower 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 Haza.rdous <br />Substa.nce or Environmental Law of which Borrower has actua.l knowledge, (b) any Enviromnental <br />Condition, including but not limited to, any spilling, lea.king, discharge, rel�ase or threat of release of any <br />Hazardous Substa.nce, 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 authoriry, 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 Enviromnenta.l La.w. Nottting herein shall create aay obligaxion on Lender for an <br />Enviromnenta.l Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covena.nt aad agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this 5ecurity Instrument (but not prior to <br />acceleration under 5ection 18 unless Applicable Law provides otherwise). The notice shall specit'�y: (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 wluch the default must be cured; and (d) that failure to cure the <br />default on or before the date speci6ed in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-e�dstence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this 5ecurlty Instrument without further demand and may invol�e the power of srale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not Wmtted to, reasonable <br />attorneys' fe� and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons pr�cribed bq 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 high�st bidder at the lime 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 p�tpone 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 d�ignee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed 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 c�ts and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fe� actuaRy incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by titis 5ecurity Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP @ VMPB(NE) (1105).00 <br />Wolters Kluwer Financial Servicea Page 14 af 17 <br />
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