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20120349� <br />sentences sha11 not apply to the presence, use, or storage on the Property of small quantities of Haza.rdous <br />Substances that are generally recognized to be appropriate to nomial 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 />acrion by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, dischazge, release or threat of release of any <br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely aff�ts 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 remediation of any Hazardous Substance <br />affecting the Properiy 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 />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Accelerafian; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breacb of �ny covenant or agre.ement in this Security Instrument (but not grior to <br />aeceieration umier Se�ion 18 unless Applicable Law provides otl�erwise). The notice shall specify: (a) <br />the default; (b) the action required to cwre the default; (c) a date, not less than 30 days from the date <br />tbe natice � gi�en to Borrower, by which the default must be cured; and (d) that failure to cure the <br />defauit an ar T�ore the c�ate specified in the nfltice may result in acceteration of the sums secured by <br />this �Se�rity Instru�ent and sale of �hhe Property.l'he notice sh�l1 �e�rther inform Borrower of the <br />right to r�iffitate after acce�eration and the right to bring a court action to assert the non-existence of a <br />default or $ny otiier defer�e of �arrower to acceleration and sa[e. If t�ie default is not cured on or <br />before t�e date specit3ed in t�e uotice, Lender at its option may r�uire immediate payment in full of <br />all sums seeurecl Frp t�is �rety Instresment without farther demand and may invoke the p�wer of sale <br />and any other rem�ies permitted by Applicable I.aw. Lender shall be entitled to collect all expenses <br />incnrred in pnsswng the rcmedies provided ia this Section 22, including, but not limited to, reasonaMe <br />attorneys' fees and costs af title evidence. <br />If the power o£ sate i� invoked, Tr�ee shatl record a notice of defauit in each county in wluch any <br />part of t�e I'roperty is toc�teel amd s�l mail copies of such aotice in t6e manner prescribed by <br />ApplicaWe I.aw to Barro�er and to the other persons pr�cribed by Apglicable Law. After the time <br />required by Apglicable Law, Tnist� shall give public notice of sale to the persons and in the manner <br />prescribed by Applicabie Law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the Iughest 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 determin�. Trustee 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 gurchase the Property at any sale. <br />Upon r�eipt 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. 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 fees actually incurred and reasonable attorneys' fces as permitted 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 />(VEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEMf Form 3028 1/01 <br />VMP � VMP6(NE) (1105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />.. � . �i �� � . . <br />