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202402772 <br />actual knowledge; (ii) any Environmental Condition, including but not limited to, any spilling, leaking, <br />discharge, release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the <br />presence, use, or release of a Hazardous Substance that 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 <br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower <br />will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this <br />Security Instrument will create any obligation on Lender for an Environmental Cleanup. <br />25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the <br />debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) <br />expressly consented and intended to sign the electronic Note using an Electronic Signature adopted by <br />Borrower ("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen <br />and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using <br />Borrower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's <br />Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance <br />with its terms; and (d) signed the electronic Note with Borrower's Electronic Signature with the intent and <br />understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note in <br />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 <br />following Borrower's Default, except that such notice of Default will not be sent when Lender exercises its <br />right 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 the <br />Default; (iii) a date, not less than 30 days (or as otherwise specified by Applicable Law) from the date the <br />notice is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on or <br />before the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property; (v) Borrower's right to reinstate after acceleration; and (vi) <br />Borrower's right to bring a court action to deny the existence of a Default or to assert any other defense of <br />Borrower to acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date <br />specified 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 permitted by <br />Applicable Law. Lender will be entitled to collect all expenses incurred in pursuing the remedies provided <br />in this Section 26, including, but not limited to: (1) reasonable attorneys' fees and costs; (ii) property <br />inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property <br />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 <br />notice 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 in the <br />manner prescribed by Applicable Law. Trustee, without further demand on Borrower, will sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the <br />1555500275 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 07/2021 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 Page 19 of 22 <br />11 <br />u <br />ui <br />11 <br />11 <br />11 <br />11 <br />11 <br />11 <br />