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20100b491 <br />by any governmental or regulatory authority, or any private party, that any removal ar other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an 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 <br />Borrower's breach of any covenant ar agreement in this Security Instrument (but not prior to <br />acceleration, under Section 1$ runless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the ttatice Ls given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of 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 after aoeeleratian and the right to bring a wort action to assert the non-t~acistence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <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 Security Itnstrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to wllect all <br />expenses incurred in pursuing the remedies provided iiu this Section 22, including, but not limited to, <br />reasonable attorneys' fees and vests of title evidence. <br />IP the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any art of the Property is located and shall mall espies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public nadce of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shag sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />nadce of sale in one or mare parcels and Gn any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement 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, Trustce shall deliver to the pwrchaser Trustee's deed <br />conveying the Property. The redtals in the Trustee's deed shall be prima fade evidence of the truth <br />of the statemwts made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all ~ and 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 Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person ar paeans legally <br />entitled to it. <br />23. Rewnveyanoe. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <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 ox persons a fee for recvnveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendet~i azld the charging of the fee is <br />permitted under Applicable Law. <br />?,4. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument retarded in the county in which this <br />Security Instrument is recorded. Without tanveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties tonfen~ed 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 <br />Borrower's address which is the Property Address. <br />NEBRASKA -Single Family -Fannie Mas/Freddia Mac UNIFpRM INSTRUMENT <br />-6(NE) 1oa171 Pace ~a of ~s Initials: Form 3028 1/01 <br />