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20120455� <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 />Borrower shall prompdy 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 Bonower has actual knowledge, (b) any Environtnental <br />Condition, including but not limited to, any spilling, leaking, 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 govemmental or <br />regulatory authority, or any private party, that any removal or other remediarion of any Hazardous Substance <br />affecting the Properiy is n�essary, Bonower shall promptly take alI 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 Borrower prior to acceleration following <br />Barrower's bseach of any covenamt or agreement in this S�urity Instr�ment (but not grior to <br />acceleration under Section l8 unless Applicable Law grovides ot6erwise). The sotice shall specify: (a) <br />tbe defauit; (b) the action required to cure the default; (c) a date, not le� than 3f1 days from the date <br />the notice is given to Barrower, by whieh the default must be eured; and (d) that failure to cure the <br />de�auit on or before the date specified in the notice may result in acceleration of the sums secured by <br />this �.vrity Instrument and s�Ie af the Properly. The notice shall further inform Barrower of the <br />right to reinstate after aeceleration and the right to bri�g a court at�tioa to assert the non-elristence of a <br />defauit os any other defense of Borcower to acxeleratios and sale. If the defautt is not c�ted on or <br />before t6e date specif'sed in the notice, Lender at its option may require imm�ate payaze�t in full of <br />atl sums se,cured by this S�urity Znstrument withont f�rttier demand aud may invoke the power oF sate <br />and any other remedies perinitted by Applicabie I.aw. Lesder shall be entitled to collect all elcpenses <br />incurre� in pursuing the remedies provided in this Section 22, including, but not limite,d to, reasonable <br />attorneys' fces and costs of title evidenc:e. <br />If the �wer of saie is invoked, Trastee shall recard a notice of default in each county in which any <br />part of t� Properiy is locat� and shall mail cogies of stteh aotice in t6e manner paescrebed by <br />�pplirable Law to Borrower and to the other persons grescribed by Agplicable Law. After the time <br />r�uired by Appticable Law, Trustee shall give public notice of sale to the per�ns and in the manner <br />prescril� by Applicable Law. Trustee, without demand on Borro�er, shall seII 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 garcels 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 place 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 deed <br />conveying the Property. The r�itals in the 1Yustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Tn�stee 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 fee.s actually incurred and reasonable attorneys' fces 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 />NEBRASKA-Single Famfly-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Finandal Services <br />Form 3028 1/01 <br />VMP6(NEI (1105) <br />Page 14 of 77 <br />