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201303016 <br /> Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or <br /> threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do, <br /> anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental <br /> Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely <br /> affects the value of the Property.The preceding two sentences shall not apply to the presence,use,or storage on the <br /> Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br /> uses and to maintenance of 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 action <br /> by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br /> limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance,and(c)any condition <br /> caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If <br /> Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or <br /> other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all <br /> necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender <br /> for an Environmental Cleanup. <br /> NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: <br /> 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's <br /> breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 <br /> unless Applicable Law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure <br /> the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default <br /> must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in <br /> acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall further <br /> inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non- <br /> existence of a 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 full of all sums <br /> secured by this Security Instrument without further demand and may invoke the power of sale and any other <br /> remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing the <br /> remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees and costs of title <br /> evidence. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which any part of the <br /> Property is located and shall mail copies of such notice in the manner <br /> prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law.After the <br /> time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by Applicable Law.Trustee,without demand on Borrower,shall sell the Property at public auction to <br /> the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels <br /> and in any order Trustee determines.Trustee may postpone sale of all or any parcel of the Property by public <br /> announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the <br /> Property at any sale. <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property.The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br /> reasonable attorneys'fees as permitted by Applicable Law;(b)to all sums secured by this Security Instrument; <br /> and(c)any excess to the person or persons legally entitled to it. <br /> 23.Reconveyance.Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to <br /> re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br /> Instrument to Trustee.Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br /> Such person or persons shall pay any recordation costs.Lender may charge such person or persons a fee for reconveying <br /> • <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br /> Page 11 of 12 <br /> CDs,Inc. Borrower(s)Initials 'A\ <br />