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201205807
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Last modified
7/17/2012 9:02:30 AM
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7/17/2012 9:02:30 AM
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DEEDS
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201205807
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201205807 <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 Property (including, but not limited to, hazardous substances in consumer products). <br />Bonower 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 <br />Substance or Environmental Law of which Bonower 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 />wlzich adversely affects the value of the Property. If Bonower leams, or is notified by any governmental or <br />regulatory authoriry, or any private pazty, that any removal or other remediation of any Hazardous Substance <br />affecting the Progerty is necessary, Bonower shall promptly take all necessary remeflial actions in <br />accordance with Environmentat Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's br�ch of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless App}icable Law provides otherwise). The notice shall specify: (a) <br />the defaUlt; (b) the action requir� to cure the default; (c) a date, not less than 30 days frnm 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 T�fore the date specified in the notice may result in acceleration of the sums secur�l by <br />this S�urity 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-e�stence of a <br />default or any other detense 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 fiill of <br />all sums s�ured by this Security Instrument without further demant� and may invoke the power of sale <br />and any other remedies permitted by Applicable La�. Lender shall be entitled to collect all expenses <br />incurred in purswng the remedies provided in this Section 22, inclading, but not limited to, reasonable <br />attorneys' fces and costs of title evidence. <br />If the �mwer of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice ia the manner prescribed by <br />Applicable Law to Barrower and to the other perso� prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shaU give public notice of sale to the persons and in the manner <br />prescribed by Applieable Law. Trust�, without demand on Borrower, shall selt 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 Truste,e 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 scheduted 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 Trust�'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 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 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 exce�s to the �rson or persons legally <br />entitled to it. <br />NEBRASKA-Stngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP p <br />Woliers Kluwar Finencial Services <br />Form 3028 1 /01 <br />VMP6INE) �7105) <br />Page 14 of 17 <br />p �� ��� . , � 0 �s"° ' <br />
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