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201204150 <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Bonower shall not do, nor a11ow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Environmental Condition, or (c) w}rich, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property, The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any invesrigarion, claim, demand, lawsuit or other <br />acrion by any governmental or regulatory agency or private pazty involving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance wluch adversely affects the value of the <br />Property. If Bonower leatns, or is notified by any governmental or regulatory authority, or any private party, that <br />any removal or other remediarion of any Hazardous Substance affecting the Property is necessary, Bonower shall <br />promptly 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 breach of any covenant or agreement in this Security Instrament (bnt not prior to acceleration ander <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the defanit; (b) the action <br />reqaired to cure the defanit; (c) a date, not less than 30 days from the date the notice is gtven to Borrower, by <br />wluch the defaalt mast be cared; and (d) that failare to cnre the defanit on or before the date specified in the <br />notice may resnit in acceleration of the sams secured by this Secnrity Instrament 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 coart <br />action to assert the non-e�tstence of a default or any other defense of Borrower to acceleration and sale. If the <br />defaalt is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />payment in full of all snms secured by tlus Secarity Instrament without farther demand and may invoke the <br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />ezpenses incnrred in pursaing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defanit in each county in whic6 any part <br />of the Property is located and shall mail copies of suc6 notice in the manner prescribed by Applica6le Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time reqaired by Applicable Law, <br />Trastee shall give pablic notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />withont demaad on Borrower, shall sell the Property at public suction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trastee <br />determines. Trastee may postpone sale of all or any parcel of the Property by public annoancement at the time <br />and place of any previonsly schedaled sale. Lender or its designee may parchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trastee shall deliver to the pnrchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trnth of the statements <br />m�de therein. Trastee shall apply the proceeds of the sale in the following order: (a) to all costs and ezpenses <br />of egercising the power of sale, and the sale, including the payment of the Trustee's fees actaally incnrred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secnred by this Secarity Instrument; <br />and (c) any egcess to the person or persons legally entitled to it. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DodYla,glc� <br />Form 3028 1/01 Page 12 of 15 www.docmagk.com <br />IIIIIIIII IIIIII IIIIIII IIII I I� I II II I I IIIIIIIII IIIIIIIIIIII III <br />V � <br />