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201205171 <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 Properiy (including, but not limited to, hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any invesrigation, claim, demand, lawsuit or other <br />acrion 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, leaking, dischazge, release or threat of release of any <br />Hazardous Substance, and (c) any condirion 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, Borrower shall promptly take all necessary remedial acrions 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 noNce to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under SecNon 18 unless AppHcable 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 days from the 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 before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-eaostence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specifi�l in the notice, Lender at its option may require immediate payment in full of <br />all sums s�ured by ttds Security Instrument without further demand and may invoke the power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />incurr� in pursuing the rem�tes provided iin this Section 22, including, but not l�mited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is Hnvoked, Trustee shall record a notice of default in each county in wluch any <br />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, Trust� shall give public notice of sale to the persons and in the manner <br />pr�crib� by Applicable Law. Trusta, without demand on Borrower, shall sell the Property at public <br />auction to the l�ighest 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. 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 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 deed <br />conveying the Property. The recitals in the Trust�'s deed shall be prima facie evidence of the truth of <br />the statements made therein. 1Yust� 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 />Trust�'s fees actually incurred and reasonable attorneys' f�,s as permHtted by Applicable Law; (b) to <br />all sums se�ured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitleti to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Woltera Kluwer Financial Services <br />Form 3028 7 /01 <br />VMP81NE) (1105) <br />Page 14 of 17 <br />� T � . + 9 � <br />k' .w � <br />