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201�05�7� <br />removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition <br />that can cause, contribute to, or otherwise irigger an Environmental Cleanup. <br />Borrower sha11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Bonower sha11 not do, <br />nor allow anyone else to do, anything affecting the Properiy (a) that is in violation of any Environmental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two <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 Properly (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigadon, claim, demand, lawsuit <br />or other acrion by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Boirower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazazdous Substance, and (c) any condition caused by the presence, use or release of a Ha7ardous Substance <br />which adversely affects the value of the Properiy. 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 Hazazdous Substance <br />affecting the Pro�rty is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental I,aw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-iJNIFORM COVENANTS. Bonower and Lender furkher 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 Instrument (but not prior to accelera�lon <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not les.c than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (c� that failure to cure the default on or before the date <br />specifiied in the notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of the Property. The nohce shall further inform Borrower of the right to reinstate after acceleration and <br />the right to bring a court acl3on to assert the non�aistence of a default or any other defense of Borrower <br />to acceleration and sale. If the default is not cured on or before the date specified in the nol3ce, Lender �t <br />its option may require immediate payment in full of �11 sums secured by tluts Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shaIl be entifled to collect all ezpenses incurred in pursuing the remedies provided in this Seciion <br />22, including, but not limited to, reasonable attorneys' fees and costs of tifle evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default �in each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public not3ce of sale to the persons and in the manner <br />prescribed by Applicable 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 Pro�rty 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 recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of tt►e sale in the following order: (a) to all <br />costs and ezpenses of ezercising the power of sale, and tlie sale, including the payment of the Trustee's <br />fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums <br />secured by this Security Instrument; and (c) any egcess to the person or persons legally entitled to i� <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ol <br />NEBRASKA GreatDas� <br />ITEM 1915L12 (072611) (Page 12 of 14) <br />128463 <br />