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200412303 <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous <br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely <br />affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or <br />any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />Nothing herein shall create any 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 covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />right to bring a court action to assert the non - existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, <br />including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by <br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property <br />by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs <br />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 as permitted by Applicable Law; (b) to all sums secured by <br />this Security Instrument; and (c) any excess 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 <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured <br />by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or <br />persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such <br />person or persons 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 />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties 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 <br />Borrower's address which is the Property Address. <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 <br />DocUIrren (Page 11 of 13 pages) <br />D0CUINEB.VTX 11/18/2000 <br />