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20090424' <br />by any gove.rrunental crr re;gulutnry .,ul.horily, ut any private party, that any removal or other remediation <br />of any IIarardous Sobsl~fnce ~rl~l~ecling the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions iri accor•dunc~ wish Gnvirumnental Law. Nothing herein shall create any obligation on <br />Lender for un I;nvironrncnlal Cleanup. <br />NON-i_]NlT'ORM C'()V~NAN"1'S. Iiortowet and Lender firrthet covenant and agree as follows: <br />22. Accclcration; 12emedics. L,curler shall give notice to Borrower prior to acceleration following <br />Borrower's breach ul' any covenant ur agreement in this Security Instrument (but not prior to <br />acceleration antler Section IR unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (h) the action required to cure the dcl'ault; (c) a date, not less than 30 days from the date <br />the notice. is given to Burrower, by which the dci'ault must be cured; and (d) that failure to cure the <br />default on or hefcrre. the date specilicd in tlrc notice may result in acceleration pf the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate alter acceleration arrrl tkrc right to bring a court action to assert the non-existence of <br />a default or any rrthor• defense of Borrower to accclcration and sale. If the default is not cured on or <br />before the d:rte specified in the. notice, Lender at its option may require immediate payment in fall of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to cpllect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attorneys' fees :rod costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the I'ropcrty is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to L'orrower :rod to the other persons prescribed by Applicable Law. After the time <br />required by Applicable I~aw, "I'rustce shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable I,aw. ':l"rustec, without demand nn Borrower, shall sell the Property at <br />public auction to the. hi;;hcsl: bidder at. the time and place and under the terms designated in the <br />notice of sale in one ur• rrnrrc p:u•ccls and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel ul' the .Prnpcrl:}~ try pulrlic anm-uncement at the time and place of any previously <br />scheduled s:dc. Lender ar its designee may purchase the Property at any sale. <br />Uporr rL'CCrpt rll paylrlCrrt of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the. Prupcr•ty. The. recit,rls in (:k-c Trustee's deed shall he prima facie evidence of the truth <br />of the statcrncnts matte therein. '.l'rustcc shall apply the proceeds of the sale in the following order: (a) <br />to all costs :rod c~penscs ul' exercising the Irower of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred :u-d rcasnrrablc attorneys' fees as permitted by Applicable Law; (b) to <br />all sums securerl by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to if:. <br />23. Rccurrveyanec, i_lpnn p:.rynre;:nt of all sums secrrred by this Security lnstnimcnt, Lender shall <br />request Trtiistce to r~-convey Ilae; Properly and shall surrender this Security Instniment and all notes <br />evidencing debt secrrrcd by Llris S~-curity Instrument to Tnrstee. 'Tnrstee shall reconvey the Property <br />wilhouf warranty to Lhe person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. I,ondcr may chu'g~ such person ut persons a fee for reconveying the Property, but only <br />if the fcc is Iraid to a Cliircl Irarty (such as the Tnrstee) frrt services rendered and the charging of the fee is <br />permitted under Applicable Law_ <br />24. Substitute '1'rustec. Lender, at its option, Wray from time to time remove Trustee and appoint a <br />successor trust.ce to any '1'nistcc a(rlroirrted hereunder by an insirrunent recorded in the county in which this <br />Security Instrluncnt is recorded. Without convcyarrceof the Property, the successor trustee shall succeed to <br />all the title, Ircrwcr and duties cr~nfcrrcd ul7on 1'nistce herein and by Applicable Law. <br />25. Request for :~'uticcs. l3orrnwer requests that copies of the notice of default and sale be sent to <br />Borrower's adclress ~~~Fiich is fhc frnpe;rly Address. <br />NEBRASKA- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />-6(NE)Ina~~l Page 13 of 15 ir,~nai5: Form 3028 1101 <br />