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201306227 <br /> Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br /> otherwise trigger an Environmental Cleanup. <br /> Borrower shall not cause or permit the presence,use, disposal, storage, or release of any Hazardous Substances, <br /> or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,nor allow anyone else <br /> to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br /> Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br /> condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br /> presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br /> to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br /> hazardous substances in consumer products). <br /> Borrower 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 Substance <br /> or 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 <br /> condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br /> Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that <br /> any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br /> promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br /> obligation on Lender 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 <br /> Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under <br /> Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)the default; (b)the action <br /> required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by <br /> which the default must be cured; and(d)that failure to cure the default on or before the date specified in the <br /> notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br /> notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br /> action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br /> default is not cured on or before the date specified in the notice, Lender at its option may require immediate <br /> payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br /> power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br /> expenses 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 power of sale is invoked, Trustee shall record a notice of default in each county in which any part <br /> of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br /> Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, <br /> Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br /> without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br /> place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br /> determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br /> and place of any previously scheduled sale. 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 Trustee's deed conveying <br /> the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br /> made therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all costs and expenses <br /> of 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 /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eirved= <br /> Form 3028 1/01 Page 12 of 15 www.docmagic.com <br /> • • • <br /> fr <br />