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201209186
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Last modified
11/1/2012 8:48:15 AM
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11/1/2012 8:48:14 AM
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DEEDS
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201209186
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�0120918� <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 prompfly 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 Borrower has actuall�owledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threa.t 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 a.ffects the value of the Progerty. If Borrower learns, or is notif'ied 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 prompfly 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 agree as follows: <br />22. Acceleretion; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (bnt not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall sgecify: (a) <br />the default; (b) the action reqnired to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Bortower, by wluch the defanit must be cnred; and (d) that failnre to cnre 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-e�stence 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 specified in the notice, Lender at its option may require immediate payment in fnll 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 expens� <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 the gower of sale is invoked, 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 snch notice in the manner prescribed by <br />Applicable Law to Borrower and to the other gersons prescribed by Applicable Law. After the time <br />reqnired by Applicable Law, Trustee shall give public notice of �le to the persoffi and in the manner <br />prescribed by Applicable Law. Trustee, withont demand on Borrower, shall sell the Property at public <br />suction to the high�t bidder at the time and place and under the terms d�ignated 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 previonsly acheduled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trnstee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the trnth 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 />Trastee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secnred by this Security Instrument; and (c) any eacess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Femily-Fannia Mae/Freddia Mac UNIFORM INSTRUMENT Form 302B 1/01 <br />VMP � VMP61NE) (11061.00 <br />Woltera Kluwar Financlal Servic� Page 14 ot 17 <br />
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