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2012034�� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substanc.es 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 />Bonower 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 Hazardous <br />Substance or Environtnental Law of which Bonower has actual knowledge, (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 Progeriy. If Borrower learns, or is notified by any govemmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />aff�ting the Property is ne�essary, Bonower shall promptly take 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 Covenants. Bonower and Lender covenant and 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 Security Instrument (but not grior to <br />acceleration wider Section 18 unless Applicable Law provides otherwise). Th� notice shall specify: (a) <br />the default; (b) the action r�uired to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by wWch the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security �ent and sale of the ProperEy. The notice shall Lurther infarm Borrower ot t6e <br />rig�t to reinst�te af�er accelesation and the right to bring a court action to assert the non-e�stence of a <br />defaitlt or ar�y otBer defense of �orrower to acceleration and sale. If t.1�e defaeilt Ls not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in f�ll of <br />all sums secured by this Security Instrument without further demand and may invoke the power of sale <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 limited to, reasonable <br />attorneys' fee.s and costs of title evidence. <br />If the power of sale is invoked, Trustee shall r�ord a notice of default in e�ach county in wtrich any <br />part of the Property is located and shall mail copies of such notice in the manner gr�scribed by <br />Applicable Law to Borrower and to the other persons prescribed by Apg}icable Law. Ai'ter the time <br />required by Apglicahle I.aw, Trust� 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 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. Trust� 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, Trustce shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trust�'s deed shall be prima facie evidence of the truth of <br />the statements made therein. Trust� 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, including the payment of the <br />Trustee's fces actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannte Mae/Freddle Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Flnancial Services <br />Form 3028 1 /01 <br />VMP6(NE) (1105) <br />Page 14 of 17 <br />. ,w <br />e . , � . . .,� , <br />