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20120367� <br />20120305i <br />RE-RECORDED <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bonower shall <br />prompfly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's bresch of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this S�urity Instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date speci�ed in the notice, Lender at its option may require immediate <br />payment in full of all sums s�ured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitl�l to collect all <br />expenses incurred in pursuing the rem�ies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fces 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 part <br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time requir� by Applicable Law, <br />Trustee shall give public notice of sale to the persons and in the manner pr�cribed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designat� in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trust� may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. 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 conveying <br />the Property. The recitals in the Trust�'s deed shall be prima facie evidence of the truth of the statements <br />made therein. Truste.e shall apply the proceeds of the sale in the following order: (a) to all costs and elcpenses <br />of exercising the power of sale, and the sale, including the payment of the Trustee's fces actually incurr� and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Se.curity Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may chazge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/01 Page 12 of 14 <br />I�/ /�� l <br />DodNag/e � <br />www.docmag/c.com <br />Ne3028.dotAnl <br />