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<br />202506444
<br />Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If
<br />Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be
<br />deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section
<br />26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 23.
<br />24. Hazardous Substances.
<br />(a) Definitions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws where the
<br />Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" include (A)
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br />volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or agents, and radioactive
<br />materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (iv) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise
<br />trigger an Environmental Cleanup.
<br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence, use, disposal,
<br />storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the
<br />Property. Borrower will not do, nor allow anyone else to do, anything affecting the Property that: (i) violates
<br />Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects or could adversely affect the value of the Property. The preceding
<br />two sentences will not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />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, claim,
<br />demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Property and
<br />any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any Environmental
<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 />(a) 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: (i)
<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
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