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201205280 <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generall,y recognized to be appropriate to norn�al residendal uses and to maintenance of <br />thc Property (including, but not limitcd to, hazardous substanccs in consumcr products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />aclion by any govenunental or regulatory agency or privale pariy im•olving the Properiy and any Hazardous <br />Subst�nce or Em�ironmental Law of which Borrower has actual knowledge, (b) airy Ernironmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) avy condilion caused by the presence, use or release of a Hazardous Substance <br />w�luch adversely affects the �alue of the Property. If Bonower learns, or is noti�ed by any govemmental or <br />regulatory authority, or any private party, that aqy removal or other remediation of any Hazardous Substance <br />affecting the Propertv is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordancc ��ith Environmcntal Law. Nothing hcrcin shall crcatc any obligadon on Lcndcr for an <br />Environmental Cleanup. <br />Non-UniformCovenants.Borrower and Lender 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 <br />acceleration under Section 18 unless Applica6le Law� provides otherwise). The notice shall specify: (a) <br />the default; (b) the action requirecl 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 Sccurity Instrumcnt and salc of thc Property. Thc noticc shall furthcr inform Borrowcr of thc <br />right to reinstute ufter ucceleration and the right to bring u court action to ussert the non-existence of u <br />default or an,y other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this 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 ezpenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If thc powcr of salc is invoked, Trustcc shall rccord a noticc of dcfault in cach county in which any <br />part of thc Property is locatcd and shall mail copics of such noticc in thc munncr prescribcd by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required bti Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescrihed by Applicable Law. Trustee, without demand on Borro�ver, 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 Property 6y public announcement at the time and place of any previousl� scheduled sale. <br />Lender or its �esignee may purchase the Property at any sale. <br />Upon rcccipt of paymcnt of thc pricc bid, Trustcc shall dclivcr to thc purchascr Trustcc's dccd <br />conveying the Property. The recitals in the Trustee's deed shall be prima fucie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and expenses of eaercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any escess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01 <br />VMP OO VMPB(N� (1105�.00 <br />Wolters Kluwer Financial Services Page 14 of 17 <br />