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201203�2� <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 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 knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, lealdng, discharge, 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 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 remediation of any Hazardous Substance <br />affecting the Property is necessary, 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. Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borro�ver prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Iastrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; �c) a date, not less than 30 d�ys from t6e date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or 6efore the date specified in the notice may r�lt in acceleration of tbe sums s�w^ed by <br />this Security Instrument and sale of the Properiy. The notice shall fnrther infaru� Borrower of the <br />right to rei�ate after acceleration and the right to bring a court actioa to assert the non-existence of a <br />default or any other defense of Barrower to acceleration and sale. If the default is not cvred on or <br />before �he date specified in the notice, Lender at its option may require immediate gayment in full of <br />all sums secvred by thi5 Security Instrument without furtber demand and may invoke tl�e power of sale <br />and any ather remedies permitt�I by Applicable I.aw. Lender shall be entitled to colle.ct atl expenses <br />incurred in p�**��*ng the rem�ies prnvided in t�is Section Z2, induding, but not limited to, reasonable <br />atEorneys' fee.s and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is laated and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Barrower and to the other persons prescribed by Applicable I.aw. After the time <br />require,d by Applicable Law, Trust� shall give public notice of sale to the 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 bighest 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 Trust� 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 schedul� sale. <br />Lender or its designce may purchase the Property at any sale. <br />Upon r�eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dced <br />conoeying the Property. The recitals in the Trustee's deexl shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proce�ls of the sale in the following order: (a) to <br />all costs and ezpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces actually incurr� and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums s�ured by this Security Instrument; and (c) any excess to the person or �rsons legally <br />enHtled to it. <br />NEBRASKA-Single Family-Fennie Mee/Freddfe Mec UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP Q VMP6WE) (1105) <br />Wolters Kluwer Financial Services Page 74 of 17 <br />