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201005570 <br />by any governmental or regulatory authority, or any private party, Thal any removal or other rcmedialiun <br />of any Hazardous Subskance affecting the Properly is necessary, Burrower shall prurnplly lake all necessary <br />remedial actions in accordance with Inviromnental Law. Nothing herein shall create any obligation a~ <br />Lender for an )~,nvirunmenlal Cleanup. <br />NON-UNIPURM COVENANTS. Borrower and Lender further covcnanf and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to $orrower prior to acceleration following <br />$orrower's breach of any covenant ur agr[wment in this Security Llstrumcnt (hut not prior to <br />acceleration ulyder Section 18 miles Applicable Lave provides otherwise). '1'hr notice shall :;l~ecit'y: (a) <br />the default; (b) the action required to cure the default; (c) a date, not Tess than 30 days frc)In the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on ur before the date spcwified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. `fhe Halite shall further int'orm $orrowcr of the <br />right to reinstate after acceleration altd the right to bring, a court action to assert the non-existence of <br />a default or any other defense of $orrower to acceleration and sale, If the default is not cured un or <br />before the date spc~ified in the notice, Lender at its option may require immediate payrrrent in full u(' <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 slxall l)c entitled to collect all <br />expenses incurred in pursuing the remedies provided in this S~wtion 22, including, but not limited to, <br />reasonable attorneys' Fees and costs of title evidence. <br />If the power of sale is invoked, Truslc~ shall record a notice of default in each county in which <br />any part of the Property is located and shall mail copies of tiuch notice in the manner prcacril)ed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable l,aw. After the tune <br />ruluirerl by Applicable Lave, `hrnstce tihall give pllhllc IIOtICG Of sale tc> the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demallcl on Burrower, shall sell the Property at <br />pnhlic auction to the higho~st bidder at the time and place and under the terms designated ill the <br />Halite of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public aluiounccmcnt at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale, <br />Upon receipt of payment of the price bid, "I'rustec shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the "t'rustee's deed shall be prima L'acic evidence of the truth <br />of the statements made therein. Trustee. shall apply the proceeds of the sale in the following order: (a) <br />to all casts alld expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable l,aw; (1'1) to <br />all sums secured by this Security Instrument; and (c) any excess to the persolr or persons Ic);ally <br />entitled to it. <br />23. Rcc:unveyance, L1por) t)ay171cril of all suu~s secured by Lhiti Security Intilrumenl, Lender shall <br />request Trustee to reeonvey the Property ar)d shall surrcr'tdcr this Security Inslrumcrrt and all Holes <br />evidencing debt secured by this Security Instrument to 'L'rustce. 't'rustee strap recuuvcy the l'rupcriy <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for recouvcying the Property, but Drily <br />if the tee is paid to a third party (such as the Trustee) fur services rendered and the charging of thte fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from lime to time remove `t'rustee and appoir)t a <br />successor tnrs[ee to any Trustee appointed hereunder by an instrument recorded in the county i19 which. this <br />Security Instrument is recorded. Without conveyance of the Properly, the successor trustee shall succeed to <br />all the title, power and duties conferred upun'1"rrstee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice oC default and sale be sent u, <br />Borrower's address which is the Properly Address. <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT .apW~~ <br />-61NE1 ioai i i F'ege 13 of 1 5 in~t~~is: ~~~ Form 30128 9109 <br />