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<br />200804759 <br /> <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental <br />Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise <br />trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. <br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation <br />of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the <br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the <br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on <br />the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, <br />lawsuit or other action by any governmental or regulatory agency or private party involving the Property <br />and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat <br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />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 <br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly <br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create <br />any obligation on Lender for an Environmental Cleanup. <br /> <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 <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not <br />prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice <br />shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than <br />30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified In the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to <br />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, <br />Lender at Its option may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />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 <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable <br />Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the <br />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 time and place <br />and under the terms designated in the notice of sale in one or more parcels and in any order <br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br /> <br /> <br />111111111111111111" <br /> <br /> <br />'. M C M DOT . <br />Form 3028 1/01 (rev.6/02) (page 13 of 15 pages) <br /> <br />111111111111 111111111111111111111111111111111111111111111111 <br /> <br />. 3 0 0 0 031 2 8 9 . <br />NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Mortgage Cadence, Inc. @ 3027 02/06 <br />