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:4.= and 9 Yen <br />200407890 <br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency orprivatc party involving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. if Borrower learns, of is notified by any governmental or regulatory authority, or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary rerucelial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenantor agreementin this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default, (c) a date, not lea» than 30 bays from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in aueleration of the sums secured by this Security Instrument and We of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non -e dstence of a delauit or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the elate specified in the notice, Lender at its option may require immediate <br />paymen t In full of all sums secured by this Security Instrument without further demand and may Invoke the <br />power of We and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in planning the remedies provided in this Section 22, inciadiag, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />V the power of sale is Invoked, Trustee shall record a notice of default In each county In which any part <br />of the Property is located and shall mail copies or such notice in the manner prescribed by Applicable Law to <br />Borrower and to the outer persons prescribed by Applicable Law. After the time required by Applicable Law, <br />Trustee shall give public notice of sale to the persons and in the - sinner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall 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 <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously whe duled sale. Leader or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Truistee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses <br />of exercising the power of sale, and the sale, including the payment of the Trustee's feeds actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument, <br />and (c) any excccs to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persona legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying die Property, but only if the fee is paid to a third party (.such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable IAw. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instruruent recorded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the tide, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br />NEBRASKA -- Single FwAy -- Fannie Mne/Fredde Mao UNIFORM INSTRUMENT . MERS DOCBMgIed°..t VWW WD6494M2 <br />Form 3028 1101 Page 9 of 10 www.doemigk.com <br />if 111311n1uIN101 =1191=1 iNiuln11011 W1n11111 <br />4Z ) <br />