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201203382
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Last modified
6/5/2012 4:41:27 PM
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5/1/2012 9:41:42 AM
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201203382
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�012033�� <br />sentences shall not apply to the presence, use, or storage on the Property 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 />Bonower shall promptly give Lender written norice 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 Hazardous <br />Substance or Environmental Law of which Bonower has actual laiowledge, (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 party, that any removal or other remediarion of any Hazardous Substance <br />affecting the Property is ne.cessary, Bonower shall promptly take all n�essary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligarion on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. A►cceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foliowing <br />Barrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Se�ion 18 unless Applicable Law provides otherwise). The natice shail specify: (a) <br />the defatrit; (i�) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to �orrower, by �hich the default must be cured; and (d) that failure to cure the <br />dr��nit on or before the date specified in the notice may result in acceleration of tfie sums secured by <br />this Security Instrume�t and sale og the Property. The m►tice shall further in�orr� Borrower of the <br />riglit to reinstate after acceleration and the right to bring a court action to assert the non-ezistence o� a <br />def�lt or any other defe� of Borrower to acceleration and sale. If the default is �t cured on or <br />before the date specified in the notice, Lender at its option may require immecl'rate payment in full af <br />all sums secured by th�s Seeurity Inshvment without further demand and may iHVake t6e power of sale <br />and any other remedies perrnitted by Applicable Law. �.ender shall be entitled to coIlect aIl expenses <br />incurred in pursuing the remedies provided in this 5ection 22, including, but not limited to, reasonabie <br />attorneys' fces and costs off title evidence. <br />If the power of sale is invaked, Ttvstee shall record a notice of default in each county in wWch any <br />pact of the Property is located and shall mail copies of such notice in the manner prescribed by <br />ApplicabTe Law to Borrawer and to the other persons prescribed by Agp}icable Law. After the time <br />reqtured by Applicabie Law, T►vstee shall give public notice of sale to the perso� and in the manner <br />prescribed by Applicabie Law. Trustee, without demand on Borrower, shall sell the Ptoperty at public <br />audion to the highESt 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 />parcet 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 r�eipt of payment of the price bid, Trust� shall deliver to the purchaser Trustee's dced <br />conveying the Property. The recitals in the Trustee's dced 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 costs and egpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces actually incurred and reasonable attorneys' fces as �rmitted by Applicable Law; (b) to <br />all sums s�ured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fennie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMP6fNE) (1105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />. � <br />
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