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201007346 <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. Acceleratlon; Remedies. Lender shall give nodce to Borrower prior to acoeleratlon following <br />Borrower's breach of any covroant or agreement in this Security Instrument (but not prior to <br />acceleratlon sunder Sectlon 18 unless Applicable Law provides otherwise). The notlce shall spedfy: (a) <br />the default; (b) the acdon required to cure the default; (c) a date, uat less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) drat failure th cure the <br />default on or before the date spedfied in the native may result in acxeleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Harrower of the <br />right to reinstate after acceleratlon and the right to bring a court action to assert the uon~adstence of <br />a default or any other defense of Borrower to aoteleratlon and sale. If the default is not cured on or <br />before the date spedfied in the notice, Lender at its option may require immediate payment in full 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 estitled to celled all <br />expenses hicun~ed in pursuing the comedies provided in this Section ?.Z, indudh>wg, but not limited to, <br />reasonable attorneys' fees and casts of tltle evidence. <br />If the power of sale is invoked, Trustee shall receard a notice of default in each county in which <br />any part of the Property is located and shall mail cepies of such notice in the manner prescribed by <br />AppIIcable Law th Borrower and to the other puns prescribed by Applicable Law. Afitear the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. 1~Irstce, without demand on Borrvwer, shaA seA the Properly 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 amore parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public annouuoeanent 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 redtals in the Trustee's deed shall be prima fade evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sak in the followhalg order: (a) <br />to all casts and expenses of eaaerdsing the poweF of sale, and the sale, hydudiang the payment of the <br />Trustee's foes actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrvmenlt; and (c) any eacceass to the person or persons legally <br />entltled to ft. <br />23. Reeo~eyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property anld shall surrender this Security Instrurr,m7t and all notes <br />evidencing debt secured by this Security Insfiiment 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 or persons a fee for rcconveying 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 />Z4. 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 i~t recorded in the county in which this <br />Security Instrument is retarded. 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 far Notlces. Borrower reque~s that copies of the notice of default atxi sale be sent to <br />Borrower's address which is the Property Address. <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mug UNIFORM INSTRUMENT <br />-BINEI (0811) Papa 18 of 16 Inrclela:~/ Form 5028 1/07 <br />. V~- <br />