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200306733 <br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an Environmental Condition <br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or Permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. 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.Accelemtion; Remedies.Lender shall give notice as Borrower prior to acceleration following Borrowers <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 <br />unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (e) a date, not less than 30 days train the date the notice is given to Borrower, by which the default must be <br />cumd; and (d) that failure to cum the default on or before the date specified in the notice may result in acceleration of <br />the sums secured by Nis Security Instrument and sale of the Property. The notice shall further inform Borrower of <br />the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or <br />any other defense of Borrower to acceleration and sale. B the default is not cumd on or before the date specified in the <br />notice, Lender at IN option may require immediate payment in full of all sums secured by this Security Instrument <br />without 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 atmmeys 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 part of the <br />Property Is located and shall mail topics of such notice in the manner prescribed by Applicable Law to Borrower and <br />in the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give <br />public notice of sale m the persons and in the manner prescribed by Applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the fime and place and under the terns <br />designated in the notice of sale in one or mom parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br />sale. Lender or IN designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustees decd conveying the <br />Property. The recitals in the Trustees deed shall be prima facie evidence of the troth of the statements made therein. <br />Trustee shall apply die proceeds of the sale in the following order (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Tavares fees actually incurred and reasonable attorneys fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally enfidcd to it. <br />23. Reeonveymsee.Upon payment of all sums secured by this Security Instrument, Lender shall request 'Itvstee to <br />reoonvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and die charging of the fee is <br />permitted under Applicable Law. <br />24.Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any 'Inotee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />NEBRASKA Single Fanily Fannie Nfrcffmddie xfar IINI 10il INSIRUNHeNI Farm 1028 Irol <br />M <br />EAM <br />ITEM 1915a10(W1n (Page loof 11 pages) Ta OrRar Calf lAW- 53e..1- .616-91 -1131 <br />CONF,in MORgBgB P9Rn9, 0, k,. —IidM .,eTmanalo9�as <br />