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202403609
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7/31/2024 3:46:15 PM
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7/31/2024 3:46:12 PM
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DEEDS
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202403609
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202403609 <br />Hazardous Substance, creates a condition that adversely affects or could adversely affect the value of the Property. <br />The preceding two sentences will not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance <br />of the Property (including, but not limited to, hazardous substances in consumer products). <br />(c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any investigation, <br />claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the <br />Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release <br />of any Hazardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance <br />that adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory <br />authority 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 Environmental <br />Law. Nothing in this 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 debt for this <br />Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly consented and <br />intended to sign the electronic Note using an Electronic Signature adopted by Borrower ("Borrower' s Electronic <br />Signature") instead of signing a paper Note with Borrower' s written pen and ink signature; (b) did not withdraw <br />Borrower' s express consent to sign the electronic Note using Borrower' s Electronic Signature; (c) understood that by <br />signing the electronic Note using Borrower' s Electronic Signature, Borrower promised to pay the debt evidenced by <br />the electronic Note in accordance with its terms; and (d) signed the electronic Note with Borrower' s Electronic <br />Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the <br />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 under Section <br />19 unless Applicable Law provides otherwise. The notice will specify, in addition to any other information required <br />by Applicable Law: (i) the Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or <br />as otherwise specified by Applicable Law) from the date the notice is given to Borrower, by which the Default must <br />be cured; (iv) that failure to cure the Default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property; (v) Borrower's right to reinstate after <br />acceleration; and (vi) Borrower' s right to bring a court action to deny the existence of a Default or to assert any other <br />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 in the <br />notice, Lender may require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 26, including, but not limited <br />to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred <br />to protect Lender' s 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 of Default <br />in each county in which any part of the Property is located and will mail copies of such notice, in the manner <br />prescribed by Applicable Law, to Borrower and to the other required recipients. After the time required by Applicable <br />Law, Trustee will give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />without further demand on Borrower, will 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 determines. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ✓ DocMagi c <br />Form 3028 07/2021 <br />Page 16 of 19 <br />ne3028.da-a. l <br />
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