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��1�0470� <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 sha11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazaxdous Substances, on or in the Property. Borrower shall not do, nor allow 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) which, 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 sha11 not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are 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 />Borrower 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 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 which adversely affects the value of the <br />Property. If Bonower learns, or is notified by any governmental or regulatory authority, or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bonower sha11 <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 acceleraHon following <br />Borcower's breach of any covenant or agreement in this Securlty Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The nonce shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not le.ss than 30 days from the date the notice is given to Borrower, by <br />wluch the default must be cured; and (d) that failure to cure the default on or before the date speci�ed in the <br />noNce may re.sult in acceleration of the sums secur� by tbis 5�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 accelerallon and sale. If the <br />default is not cured on or before the date specifi�l in the noHce, Lender at its opNon may r�uire �mmediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remed�� permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this S�tion 22, including, but not limited to, ressonable <br />attorneys' Fee.s and costs of title evidence. <br />If the power of sale is invoked, Trustee shall r�ord a noHce of default in each county in wluch any part <br />of the Property �S 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 required by Appflcable Law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustce, <br />without demand on Borrower, shall sell the Property at public auction to the high�t bidder at the Nme and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee 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 design� 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 Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trust� shall apply the proceeds of the sale in the following order: (a) to all costs and expenses <br />of exercising the power oF sale, and the sale, including the payment of the Trustee's fce,s actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and (c) any exce.ss to the person or persons legally entitled to it. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS p <br />Form 3028 1/01 Page 12 of 15 www.dxmaglc.com <br />� <br />Ne3028.mzd.xml <br />� <br />�. <br />