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202405103
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10/15/2024 4:25:57 PM
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10/15/2024 4:25:54 PM
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202405103
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202405103 <br />Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Hazardous <br />Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance that adversely <br />affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, <br />Borrower 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 for this Loan is <br />electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly consented and intended to <br />sign the electronic Note using an Electronic Signature adopted by Borrower ("Borrower's Electronic Signature") instead <br />of signing a paper Note with Borrower's written pen and ink signature; (b) did not withdraw Borrower's express consent <br />to sign the electronic Note using Borrower's Electronic Signature; (c) understood that by signing the electronic Note <br />using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in <br />accordance 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 accordance with <br />its terms. <br />NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />26. Acceleration; Remedies. <br />la) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration following Borrower's <br />Default, except that such notice of Default will not be sent when Lender exercises its right under Section 19 unless <br />Applicable Law provides otherwise. The notice will specify, in addition to any other information required by Applicable <br />Law: (i) the Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or as otherwise <br />specified by Applicable Law) from the date the notice is given to Borrower, by which the Default must be cured; (iv) <br />that failure to cure the Default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security 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 Borrower to <br />acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date specified in the notice, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be entitled to <br />collect all expenses incurred in pursuing the remedies provided in this Section 26, including, but not limited to: (1) <br />reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect <br />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 in each <br />county in which any part of the Property is located and will mail copies of such notice, in the manner prescribed by <br />Applicable Law, to Borrower and to the other required recipients. After the time required by Applicable Law, Trustee <br />will give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without further <br />demand on Borrower, will sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled 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 to the <br />purchaser a Trustee's deed conveying the Property. The recitals in the Trustee's deed will be prima facie evidence of <br />the truth of the statements made in that deed. Trustee will apply the proceeds of the sale in the following order: (i) to <br />all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees <br />actually incurred and reasonable attorneys' fees and costs, as permitted by Applicable Law; (ii) to all sums secured by <br />this Security Instrument; and (iii) any excess to the person or persons legally entitled to it. <br />27. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender will request Trustee to <br />reconvey the Property and will surrender this Security Instrument and all Notes evidencing the debt secured by this <br />Security Instrument to Trustee. Upon such request, Trustee will reconvey the Property without warranty to the person <br />or persons legally entitled to it. Such person or persons will pay any recordation costs associated with such <br />reconveyance. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid <br />to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable <br />Law. <br />28. Substitute Trustee. Lender may, from time to time, by itself or through the Loan Servicer, remove Trustee <br />and appoint a successor trustee to any Trustee appointed under this Security Instrument by an instrument recorded in <br />the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee <br />will succeed to all the rights, title, power, and duties conferred upon Trustee in this Security Instrument and by <br />Applicable Law. <br />29. Request for Notices. Borrower requests that copies of any notice of Default and/or notice of sale be sent to <br />each party to this Security Instrument at the Notice Address as defined in Section 16(c). <br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Page 11 of 12 <br />
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