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<br />200706265 <br /> <br />Borrower shall nllt cause or permit the presence, use. disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to do, anything affeding the Property (a) that is in vinlaUon of any Environmentai Law, (b) which (Teates an <br />Environmental Condition, or (c) which, due 10 the presence, use, or release of a Ha1.ardous Suh~tance, creates a <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 ofsmall quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and tll maintetlance of tbe Pmperty (induding, but not limited to, <br />hazardous substances In consumer products). <br />Borrower shall promptiy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />a<:tiun by any governmental or regulatory agency Or private party involving the Property and any Ha7.arduus Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including bUI not <br />limited 10, any spilling, leaking, discharge, release or threat of release uf any Ha7.ardous Substance, and (c) any <br />cnndition [.aused by the presen"", use or relea.... of a Ha7.ardous Substalll'e whkh adversely affects the value of the <br />Property. If Borrower learns, or Is notified hy 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 nen'ssary remedial actions in accordance with Environmental Law. Nnthlng herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Accel...atlon; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (bot not prior to acceleration under <br />Section 18 unless Applicable Law provides otberwise). The notice shall spedty: (a) th" d"fault; (b) th" action <br />requlrM to <:un th" d"fau1t; (c) a dat". not I"ss than 30 days from the date the notice Is given to Borrower, by <br />wbIch the default must he cured; and (d) that failure to cun th" default on Dr before th" date spedfied bt the <br />notice may rtsuIt bt acceleration of the sums secured by this s"curity Instrument and sale of th" Property. Th" <br />notice shaIl further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />dtfault Is not cured on or before tb" date specified In the notice. Lender at Its option may require immediate <br />payment In full of all SunlS secured by this Security Instrument without further demand and may Invoke the <br />power of sale and any other nmedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses Incurred in pursuing the rem"dies provided In thb Section 22. including. but not lImited to, reasonable <br />attorneys' fees and costs of tiO" "videuc". <br />If the pow.,.. of sale b invoked. Trustee shall record a notice of default in each county In which any part <br />of the Property Is located and shall mall copies of such notice In the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Appllcable Law. After the time nqulred by Appllcable Law. <br />Trustee shall give public notice of sale to the persons and In the manner prescribed by Applicable Law. Trustee. <br />without dtmand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and und"r the tenn.~ designated in the notice of sale in one Dr more parcel~ and in any order Trustee <br />deterudnes. Trustee may postpon" sale of all Dr any parcel of the Prop"rty by public announcement at the time <br />and pIa"" of any pnviously scheduled sale. Lender Dr it~ designee may purcha~ the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shaIl deliver to the purchaser Trustee's deed conveying <br />the Property. The ndtals 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 expen_ <br />of exercising the power of sale, and the sale, btdudbtg the payment of the Trustee's fees actually Incurred and <br />rtasonable attorneys' fees a~ permitted by AppUcabl" Law: (b) to all sum.~ secured by this Security Instrument; <br />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 Trustee <br />to reconvey the Property and shaU 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 persons legally <br />"ntitled to It. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying the 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 Law. <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 hy an instrument recorded in the county In whkh t.his Sel,urity Inslrument <br />i.s recurded. Without mnveyance uf the Property, the SUCI,.,ssur trustee shall sUf<;eed to all the title, 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 Addres... <br /> <br />NE6RASKA..Single Family..Fannia Mae/Frll<ldie Mac UNIFORM INSTRUMENT. MERS <br />fOfm 30261/01 Page 9 of 11 <br /> <br />DocMaglc 6JfwrJiM>; 8()()..49- 13.2 <br />www.docmagic.com <br />