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201202734
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4/9/2012 8:49:06 AM
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4/9/2012 8:49:06 AM
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DEEDS
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201202734
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20120273� <br />sentences shall not apply to the presence, use, or storage on the Properly 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 prompfly 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 Properly and any Hazazdous <br />Substance or Environmental Law of which Borrower 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) airy condition caused by the presence, use or release of a Hazazdous Substance <br />which adversely affects the value of the Properly. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private parly, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly ta.ke all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenents. Borrower and Lender covenant and agree as follows: <br />22. Acceleretion; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Secnrity Instrument (bnt not prior to <br />acceleration under Section 18 nnles.s Applicable Law provid� otherwise). The notice shall sgecify: (a) <br />the default; (b) the action required to cnre the defanit; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by wluch the default mnst be cnred; and (d) that failure to cure the <br />default on or before the date specified in the notice may resnit in acceleration of the sums secnred 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 conrt action to assert the non-e�stence of a <br />default or any other defense of Borrower to acceleration and sale. If the defanit is not cnred on or <br />before the date spec'if'ied in the notice, Lender at its option may require immediste payment in full of <br />all sums secured by this Security Instrument withont further demand and may invoke the power of sale <br />and any other remedies germitted by Applicable Law. Lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies prooided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in wluch 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 by Applicable Law. After the time <br />required by Applicable Law, Trastee shall give public notice of sale to the perso� and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Bonower, shall sell the Property at pnblic <br />anction to the highest bidder at the time and place and under the terms d�ignated 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 bq public announcement at the time and place of any preoiously scheduled sale. <br />Lender or its designee may pucchase the Progerty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the pnrchaser Trustee's deed <br />conoeying the Property. The recitals in the Trastee's deed shall be prima facie eoidence of the trath of <br />the statements made therein. Trustee shall 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, inclnding the payment of the <br />Trustee's fe� actaally incurred and reasonable attomeys' fees as permitted by Applicable Law; (b) to <br />all snms secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entifled to it. <br />NEBRASKA-Single Family-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1lO7 <br />VMP � VMPBINE) (1106).00 <br />Wolters Kluwer Finarxfal Sarvicea PaBe 14 of 17 <br />
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