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202302117 <br />spilling, leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) any <br />condition caused by the presence, use, or release of a Hazardous Substance that adversely affects the <br />value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority <br />or any private party, that any removal or other remediation of any Hazardous Substance affecting the <br />Property is necessary, Borrower will promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing in this Security Instrument will create any obligation on Lender for an <br />Environmental Cleanup. <br />25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing <br />the debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: <br />(a) expressly consented and intended to sign the electronic Note using an Electronic Signature adopted <br />by Borrower ("Borrower's Electronic Signature ") instead of signing a paper Note with Borrower's <br />written pen and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic <br />Note using Borrower's Electronic Signature; (c) understood that by signing the electronic Note using <br />Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note <br />in accordance with its terms; and (d) signed the electronic Note with Borrower's Electronic Signature <br />with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by <br />the electronic Note in accordance with its terms. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />26. Acceleration; Remedies. <br />(a) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration following <br />Borrower's Default, except that such notice of Default will not be sent when Lender exercises its right <br />under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to <br />any other information required by Applicable Law: (i) the Default; (ii) the action required to cure <br />the Default; (iii) a date, not less than 30 days (or as otherwise specified by Applicable Law) from the <br />date the notice is given to Borrower, by which the Default must be cured; (iv) that failure to cure 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; (v) Borrower's right to reinstate after acceleration; <br />and (vi) Borrower's right to bring a court action to deny the existence of a Default or to assert any <br />other defense of Borrower to acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date specified <br />in the notice, Lender may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. Lender will be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Section 26, including, but not limited to: (i) reasonable attorneys' fees <br />and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's <br />interest in the Property and/or rights under this Security Instrument. <br />(c) Notice of Sale; Sale of Property. If the power of sale is invoked, Trustee will record a notice <br />of Default in each county in which any part of the Property is located and will mail copies of such <br />notice, in the manner prescribed by Applicable Law, to Borrower and to the other required recipients. <br />After the time required by Applicable Law, Trustee will give public notice of sale to the persons and <br />2490195744 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Wolters Kluwer Financial Services, Inc. <br />2023042623.2.0.4935J20221228Y <br />Form 3028 07/2021 <br />10/2022 <br />Page 20 of 22 <br />E <br />i <br />