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201007022 <br />by any governmental or regulatory authority, or any private party, that any removal or 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 or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, nc~t less thou 3U days from the date <br />khe notice is given to Borrower, by which the default must be cured; and (d) that failure to cure khe <br />default on or before the dake specified iu khe notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The nakice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court ackion ko assert the non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is nok cured on or <br />before the date specified in the notice, Lender at its option may require immediate paymenk in full of <br />all sums secured by this Security Instrumenk without furkher demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law, Lender shall be entitled to collect all <br />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 <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 #o khe other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to khe persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice 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 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, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in khe Trustee's deed shall be prima facie evidence of the trukh <br />of the statements made therein. Trustee shall apply the proceeds of the sale in khe fallowing order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including khe 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 khe person or persons legally <br />entitled to ik. <br />23. Reconveyance, 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 ko 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 reconveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substituke 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 recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />2S. 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 Mae/Freddie Mac UNIFdRM INSTRUMENT ~~\~Q <br />-61NE) ~oai i i Purge 13 of 16 i~n~eis: V~(~-~.~ Form 3028 1101 <br />0 <br />