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20120640� <br />sentences shall not apply to fhe presence, use, or storage on the Property of sma11 quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Progerty (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigatian, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private parly involviag the Property and any Hazardous <br />Substance or Environmental I.aw of which Bonower has actual l�owledge, (b) any Environmental <br />Condition, i.ncluding but not limited to, any spilling, leaking, dischar$e, release or threat of release of airy <br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Properiy. If Borrower learns, or is notified by aay governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessaiy, Borrower shall prompfly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />EIIVironmental Cleanup. <br />Non-Uniform Covenents. 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 Secnrity Instrument (6nt not prior to <br />acceleration under Section 18 nnl�s Applicable Law provide� ot6erwise). The notice shall specify: (a) <br />the default; (b) the action reqnired to cwre the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by wluch the default must be cured; and (d) that failnre to cure the <br />default on or before the date sgec�ed in the notice may r�ult in acceleration of the sums secnred 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 conrt action to assert the non-e�stence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cnred on or <br />before the date specified in the notice, Lender at its option may reqnire immediate payment in fnll of <br />all sums secnred by this Security Ivstrnment wifhout fnrther demand and may ineoke the gower of s�le <br />and any other remedi� permitted by Applicable Law. Lender shall be entitled to collect all expens� <br />incurred in pursuing the remedies provided in this Se�tioa 22, including, but not limited to, reasonable <br />attorneys' fees and costs of litle evidence. <br />If the power of sale is invoked, Trustee shall record a nolice of default in each connty in �wlrich any <br />part of the Property is located and shal! mail copies of such notice in the manner pr�cribed by <br />Agplicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />reqnired by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />pr�cribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at pnblic <br />anction to the high�t bidder at the time and place and nnder the terms designated in the notice of saie <br />in one or more parcels and in any order Trustee determin�. Trostee 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 designee may purchase the Progerty at any sale. <br />Upon receipt of payment of the pri�ce bid, Trustee shall deGver to the purchaser Trustee's deed <br />conveying the Property, The r�itals in the Trustee's deed shall be prima facie eoidence of the trnth of <br />the statements made therein. Trustee shall apply tite proce.�ds of the sale in the following order: (a) to <br />all coets and exgens� of exercising the power of eale, and the sale, including the payment of the <br />Trustee's fee� actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all snms secm'ed by this Secnrity Instrument; and (c) any escess to the gerson or gersoffi legally <br />entitled to i� <br />NEBRASKA-Singla Femlly-Fannia Mae/Freddia Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPB(NE) (9106).00 <br />Wolters Kluwar Financial Sorvicos Page 14 0} 17 <br />