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200315371
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Last modified
10/16/2011 9:31:52 AM
Creation date
10/28/2005 4:28:39 PM
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DEEDS
Inst Number
200315371
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200315371 <br />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 <br />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 />Borrower shall promptly give Lender written notice of (a) any investigation, claim, <br />demand, lawsuit or other action by any governmental or regulatory agency or private party <br />involving the Property and any Hazardous Substance or Environmental Law of which Borrower <br />has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value <br />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 <br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />NON- UNEFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows : <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days 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 <br />date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non - existence <br />of a default or any other defense of Borrower to acceleration and sale. If the default is not <br />cured on or before the date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by Applicable <br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this Section 22, including, but not limited to, reasonable attorneys' fees and <br />costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county <br />in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by Applicable Law to Borrower and to the other persons prescribed by <br />Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms deisgnated 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 <br />NEBRASKA - Singk Family-- Fannie Mae/FmddieMac UNIFORM INSTRUMENTForm 3028 1/01 <br />(Page 16 of 19) Initials: b P) <br />Loan No: 95KKI03226 -00 From C300 6GNE <br />
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