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201003378 <br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to <br />Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 2L- (a) "Hazardous Substances" are these substances defined as toxic or <br />hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety <br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to <br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br />(a) that is in violation of any Environmental Law, (b) which creates an lnvironmental Condition, or (c) which, due to the presence, use, or <br />release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall eat <br />apply to the presence, use, or storage on 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, hazardous substances in consumer <br />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 party involving the Property and any Hazardous Substance or Environmental Law of which <br />Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or <br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or.release of a Hazardous Substance which <br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private <br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br />all necessary remedial actions in accordance with lnvironmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <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 following Borrower's breach of any <br />covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the defanlt; (b) the action required to cure the default; (c) a date, not less than 30 days from <br />the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the notice may result in 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 bring a court action to assert the <br />non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is eat cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security lnstrnment <br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable 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 which any part of the Property is <br />located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons <br />prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to <br />the highest bidder at the time and place 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 announcement at the time and place of <br />any previously scheduled sale, Lender or its designee may purchase the Property at any sale. <br />l)pon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all casts and expenses of exercising the power of sale, and the sale, including the <br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (h) to all sums <br />secured by this Security Instrument; 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 to re-convey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Pro perry without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the <br />Trustee) for services rendered 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 trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Tnstrument is recorded. Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties 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 address which is the <br />Property Address. <br />NEBRASKA -Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MFRS orm 3D28 7l01 <br />Page 7 of 8 ~ .' , _ _ ~~ <br />ios, inc. Bprrower(s) Initials !ld ~ Lr --`-~^}~(~~',~'v~-~ <br />