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201205726
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7/13/2012 10:27:07 AM
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7/13/2012 10:27:06 AM
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DEEDS
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201205726
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2012057 <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 Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, 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 lmowledge, (b) any Environmental <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 aff�ts the value of the Properiy. If Bonower learns, or is notified by any govemmental 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 actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental CleanuP- <br />Non-Uniform Covenants. Bonower and Lender covenant and agr� 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 Applicable Law provides otherwise). The notice shall sPecify: (a) <br />the default; (b) the action required ta cure the default; (c) a date, aat tess 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 befose the date specified in the notice may result ir� acceleration of the sums �ured by <br />this Security Instrument and sale of the Psoperty. The notice sball further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a co�u�t action to assert the non-elristence of a <br />default or any other defense of Borrower to acceleration and sate. If the default is not cured on or <br />i�fare the date speci�ied in the notice, Lender at its option may rec�uire immediate paymeut in full of <br />all sums s�ured by this S�urity Instn�ment without further demand and may invoke the power of sale <br />and any other remedies permitted by Apg}icable Law. Lender shall be entitled to collect aIl expense.s <br />incurred in ptirsuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attomeys' fces and costs of title evidence. <br />If the power of saie is invoked, Truste,e shall record a notice af default in each county in wluch any <br />part of the Property is loc�ated and shall mail copies of such notice i� the manner pre.scribed by <br />Applicabte Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable I.aw, Tn�stee shall give public notice of sale to the �rsons and in the manner <br />prescribed by Applicable Law. Tn�,stee, without demand on Borrower, shall sell the Ptoperty at public <br />auction to the highest bidder at the time and place and under the terms designat�l 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 by public announcement at the time and place of any previously scheduled sale. <br />Lender or its design� may purcbase the Property at any sale. <br />Upon re.ceipt 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 dced shall be prima facie evidence of the truth of <br />the statements made therein.lY�ustee shall apply the procceds of the sale in the following order: (a) to <br />all costs and expenses of exercising the gower of sale, and the sale, including the payment of the <br />Trustee's f�s actually incurred and reasonable attorneys' fees 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 Family-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPBINEI (1105) <br />Wolters Kluwer Financial Services Page 74 of 17 <br />
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