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20120229 <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 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 investigation, claim, demand, lawsuit or other <br />action by any govemmental 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 />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 governmental or <br />regulatory authority, or any private pariy, 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 shall create any obligation on Lender for an <br />En�ironmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrawer grior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but �t prior to <br />acceleration under Section 18 unleSS Appticable Law provides otherwise). The notice shall sp�ify: (a) <br />the default; (b) the action required to cure the defauit; (c) a date, not Iess titan 30 days from the date <br />the notice is given to Borrower, by wWch the default must be c�tred; anc� (d) that failure to cure the <br />defauit on or before the date sp�i�ied in the notice may result in acceieration of the sums secitred by <br />this Security Instrument and sale of the Property. The notice shait further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-elristence of a <br />defaeilt or aay other defenSe of Borrower to acceieration aud �le. If the default is not cured on or <br />before the date specified in the notice, Le�der at its ogtion inay rec�uice immediate payment in full of <br />ali suins secured by this Secu�rity Instrument without furti�er demand and may invoke tbe power of sale <br />and anq other remedies permitted by Agplirable Law. Lender shsil be erztitled to caIlect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evideace. <br />If the power of sale is i�tvoked, Trustee shall record a notice of default in each county in which any <br />part of the Pro�rty is Iocated and shai� mail copi� of such notice in the manner grescribed by <br />Applicable �.aw to Borrower and to the ot�er persons prescribed by App�icable Law. After the time <br />required by Agglicable Law, Trustee shall give public natice of sale to the persons and in the manner <br />prescribed hy Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to t6e hig6est 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 Tn�sttee determines. TrusE� 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 designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dced <br />oonveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shatl apply the proceeds 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 permitt� by Appticable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the �rson or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP Q VMPBINE) (1105� <br />Wokers Kluwer Finandal Servic� Page 14 of 17 <br />