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200904084 <br />by any governmental pr regulaurry authority, ar any private party, that any rernpval or other remediation pf <br />any Hazardous Substance affecting the Prapeny is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Enviranmcntal Law. Nothing herein shag CIq[e any pblil;ation on <br />Lender far an Environmental Cleanup. <br />NON-UNIFORM CpVENAM'$, $grrowea and Lender further covenant and agree as fellows' <br />22. Acceleration; Remedies. Lender shag give notice tp Borrower prior to acceleration Following <br />Borrower's breach of any covenant or agreement in thin Security Instrument (hut ant prior to <br />acceleration under Section 18 unless Applkable Law provides niherwiRe), The notice shall specify: (a) <br />the dePaalt; (b) the action required to care the default; (c) a date, not less than 3d days from the date <br />the notice is given to Borrower, by which the defauk must be cured; and (d) that failure to cure the <br />default an nr before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument aad sale of the Property. The notice shall further inform Burrower pf the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a <br />default or any ether defense of Borrower to acceleration and sale. If the default is opt cared on ar <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this Securily Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shag be entitled to collect aB <br />expenses incurred in pursaing the remedies prorided in this Sectitro 22, including, but nut limited to, <br />reasonable attorneys' Pees and costs of title evidence, <br />If the power of sale is invoked, Trustee shall record a notice of default in each county iu which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other percpns prescribed by Applicable Law. After the time <br />regaired by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed 6y Applicable I.aw. Trustee, without demand on Rorower, shall seB fTte Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and iu any order Trustee determines. Trustee may postpone sale of aU or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale, <br />Lender or its designee may purchase the Proptwty at any sale. <br />Upon receipt of payment of the price bid, Trsstee shall deliver iu the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shag be prima facie evidence of the truth of <br />the statements made thereto. Trustce shalt apply the proceeds of the stle in the folMwing order: (a) to <br />all costs Sod expenses uP exercising the power of sale, and the sak, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security lastrument; and (c) any excess to the petspn or persous legally <br />entitMd to It. <br />23. lieconveyance. Upon payment of all sums secured by [Iris $ecurily Instrument, Lender shall request <br />Trustee to recpnvey the Property and shall surrender this Security Instument and all notes evidencing debt <br />secured by this Security Instrument to Trustct~_ Trustee shall recpnvey the Property without warrartry to the <br />person or prrsans legally entitled to iL Such person nr persons shall pay any retardation cps4s. lender may <br />charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party <br />(such as the Trustee) for services rendered and the charging of ute fee is permitted under Applicable Law, <br />24. Substiitute Trustee. Lender, at its option, may from time to pme remove "T"rustee and appoint a <br />successor trustee to any Ttvstee appointed hereunder by an utsvomcnt rec:nrded in the county in which This <br />Security Instrument is recorded. Without rnnveyance of the Property, the successor drustee shall succeed w ail <br />the title, power and duties wnferred upon Trustee herein and by Applicable Law, <br />25. Request few Notices. Borrower requests that copies pf the notice of default and sale be sent to <br />Borrower's address which as the Property Address, <br />NEBRASKA -Single Family • Fmnb MrMFrsddle M~a UNIFORM INSTRUMEN < <br />®-B(NE)taaltl Pape 13a115 Inllialr~/ ~ 1/Q) <br />® //~~~~ <br />