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202404471
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9/12/2024 3:34:54 PM
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DEEDS
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202404471
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202404471 <br />LOAN #: 2857471 <br />(c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any inves- <br />tigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private <br />party involving the Property and any Hazardous Substance or Environmental Law of which Borrower <br />has 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 <br />the presence, use, or release of a Hazardous Substance that adversely affects the value of the Property. <br />If 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 debt <br />for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly <br />consented and intended to sign the electronic Note using an Electronic Signature adopted by Borrower <br />("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen and ink <br />signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using Borrower's <br />Electronic Signature; (c) understood that by signing the electronic Note using Borrower's Electronic <br />Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with <br />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 <br />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 any <br />other information required by Applicable Law: (i) the Default; (ii) the action required to cure the Default; <br />(iii) a date, not less than 30 days (or as otherwise specified by Applicable Law) from the date the notice <br />is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on or before <br />the date specified in the notice may result in acceleration of the sums secured by this Security Instru- <br />ment and sale of the Property; (v) Borrower's right to reinstate after acceleration; and (vi) Borrower's right <br />to bring a court action to deny the existence of a Default or to assert any other defense of Borrower to <br />acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date speci- <br />fied 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 <br />by Applicable Law. Lender will be entitled to collect all expenses incurred in pursuing the remedies pro- <br />vided in this Section 26, including, but not limited to: (i) 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 notice of <br />Default in each county in which any part of the Property is located and will mail copies of such notice, <br />in the manner prescribed by Applicable Law, to Borrower and to the other required recipients. After the <br />time required by Applicable Law, Trustee will give public notice of sale to the persons and in the man- <br />ner prescribed by Applicable Law. Trustee, without further demand on Borrower, will sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the notice <br />of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or <br />any parcel of the Property by public announcement at the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Property at any sale. <br />(d) Trustee's Deed; Proceeds of Sale. Upon receipt of payment of the price bid, Trustee will deliver <br />to the purchaser a Trustee's deed conveying the Property. The recitals in the Trustee's deed will be prima <br />facie evidence of the truth of the statements made in that deed. Trustee will apply the proceeds of the <br />sale in the following order: (i) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees and costs, <br />as permitted by Applicable Law; (ii) to all sums secured by this Security Instrument; and (iii) any excess <br />to the person or persons legally entitled to it. <br />27. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender will <br />request Trustee to reconvey the Property and will surrender this Security Instrument and all Notes evi- <br />dencing the debt secured by this Security Instrument to Trustee. Upon such request, Trustee will reconvey <br />the Property without warranty to the person or persons legally entitled to it. Such person or persons will <br />pay any recordation costs associated with such reconveyance. Lender may charge such person or per- <br />sons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) <br />for services rendered and the charging of the fee is permitted under Applicable Law. <br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />ICE Mortgage Technology, Inc. Page 13 of 14 NE2IUDEED 0222 <br />NEUDEED (CLS) <br />
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