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<br />200707305 <br /> <br />4500029552 <br /> <br />threaten to release any Hazardous Substances, on or in the Property. Borrower skill not do, nor allow anyone else to do, anything <br />affecting the Property (a) that is in violation of any Environmental Law, (b) which crcates an Environmental Condition, or (c) <br />which, due to the presence, use, or release 01'.\ H.I;',imlous Substance, crcaks a condition that adversely affects the value of the <br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that arc 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, demand, lawsuit or other action by any <br />governmental or regulatory agency or private parly involving Ihe Property and any Ilaz,lrdous Substance or Environmental Law of <br />which Borrower has actual knowledge, (b) HIlY Environmental Condition, including but not limited to, any spilling, leaking, <br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />a Hazardous Substance which adversely atfects the value ofthe Property. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that .lny lelnoval or other lelnediation or any Hazardous Substance affecting the Property <br />is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein <br />shall create any obligation on Lender 1'01' an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lenrkr shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or a~reement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) <br />a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that <br />failure to cure the default on or before the dak specified in the notice may n'sult in llcceleration of the sums secured by this <br />Security Instrument and sale of the Propcrly. The uotice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a eoul.t action to assert the non-existence of a default or any other defense of Borrower <br />to aeeelention and sale. If the default is not cured on or hefore the date specified in the notice, Lender at its option may <br />require immediate payment in full of all SUlllS secured by this Security Instrument without further demand and may invoke <br />the power of sale and any other remedies peHniHed by Applicable l..aw. Lcnder shall be entitled to collect all expenses <br />incurred in pursuing the remedies 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 in which any part of the <br />Property is located and shall mail copies of such notice in the manner presCl'ihcd by Applicable Law to Borrower and to the <br />other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of <br />sale to the persons and in the manner preslTibl'd by Applicable Law. Trustcc, without demand on Borrower, shall sell the <br />Property lit public auction to the highest bidder at the time and pi nee lInd under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustl'c determines. Trustee mny postpone sale of all or any parcel of the Property <br />by public announcement at the time and plnce of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the pricc hid, Trustee shall deliver (0 the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be 1)I'iula facie evidence of t.he truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to nil costs and expenses of exercising the power of <br />sale, and the sale, including thc paymcnt of lite Trustee's fel's actually inculTed nnd reasonable attorneys' fees as permitted <br />by Applicable Law; (b) to all sums secured hy this Securitylnstrunlellt; ami (c) nny excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon paYlnent or all slims sceured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security InslrUlllent and all n()lcs evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey thc Property without warranty to the person or persons legally entitled to it. Such <br />person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, <br />but only if the fee is paid to a third party (such as the Trustee) 1'01' services rendered and the charging of the fee is permitted under <br />Applicable Law. <br />24. Substitute Trustee. Lender, at its oplion, may fj"(lln time to tinlC rClllove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrulllent recorded in the county in which this Security Instrument is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by Applicable Law. <br />25. Request for Notices. Borrower requests that copies or the notice or derault and sale be sent to Borrower's address <br /> <br />NEBRASKAn Single family --Fannie Mae/Fred/lie Mac UNIFORM INSTRUMENT <br /><e_) 33 S.25 Page 1 () af'11 <br /> <br />Form 3028 1/0t <br /> <br />d~ <br /> <br />LJG <br />9- <br />