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2Q120367� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances 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 Environmental Law of which Borrower has actual knowlerlge, (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 govemmental 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 necessazy remedial actions in <br />accordance with Environmental I,aw. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acxeleration following <br />Borrower's hreach of any covenant or agreement in this 5ecurity Instrument (but not prior to <br />acxeleration under Section 18 uniess Applicabte Law grovides otherwise). The notice shali sp�afy: (a) <br />the default; (b) the action reqttTred to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which t6e defauit must be cured; arH� (d) that failure to cure the <br />default on or before the date specified in the notice m�ay result in acceleration of t6e sums secured by <br />this Secv�ty �ment and sale of the Property. T6e natice sha�l �urthe� ir�form Borrower crf the <br />right to reinstate a�er acceleration an� the right to bring a caurt actiom to assert t�e aon-existe�ce of a <br />default or ar�y other de.�ense of Borrower to acceleration and s:�e. If the defauit is not cured on or <br />before the date speciE'ied in the notice, Lender at its option may require immediate payment in fe�l oY <br />ali sums s�ured by this Security Instrument without further de�nand �ed �ay �voke the power of satc <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expense.s <br />incurred in purs■•* the remedies provided in this Section 22, including, buE not limited to, reasanable <br />attorneys' fces and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in eac� county in which any <br />part of the Prnperty is located and shall mait copies of sucb notice in the mauner pre.scribed by <br />App�icable Law to Borrower and to the other personc prescri6ed by Applicable Law. After the time <br />require� by Appticable Law, Tnistee shatl give public notice of sale to t6e persons and in the manner <br />prescribed by Apglicable 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. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and ptace 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, Trustee shall deliver to the purchaser Trustee's dced <br />conveying the Propert�. 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 expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces actually incurred and reasonable attorneys' fees 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 />IVEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP p <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMP6INE) (1105) <br />Page 14 of 17 <br />` Y � ! <br />' � � • , <br />