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�0�oo�4s1 <br />Borrower shall nat cause or permiC the presence, use, disposal, storage, or release of any Hazardous Substances, <br />ar threaten to release any Hazardaus Substances, on or in the Property. Borrower shall not do, nor allow anyane else <br />to do, anything affecting the Froperty (a) that is in violation of any Envitontnental Law, (b) which creates an <br />Environmental Condition, or (c) which, due to the presence, use, or release af a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property. 'I'he preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities vf Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance af the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, clairn, demaiad, lawsuit or other <br />action by any governmental or regulatory agency or privat� party involving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environrnental Condition, including but not <br />limited io, any spilling, leaking, discharge, release or threat of release of any Hazardous Substanc�, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governmental or regulatory autharity, or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nathing herein shall create any <br />obligation on L.ender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrawer and Lender further covenant and agree as follaws: <br />22. Acceleration; Remedies. Lender shall give notice ta Borrower prior to acceleration follawing <br />Borrower's breach of an�y covenant or agreernent in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or bef�re the date specified in the <br />notice may result in acceleration af the sums secured by this SecurIty Instrument and sale af the Property. The <br />notice shall further inform Borrawer of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />defaalt is not cured on or before the date speci�ed in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale und 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, inclading, but not limited to, reasonable <br />attnrneys' fc�s and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice oF default in each cnunty in which any part <br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the tiine and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase the I'roperty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the I'roperty. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all cost�s and expenses <br />of ex�rcising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by ApplIcable Law; (b) to all sums secured by this Security Instrument; <br />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 <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security lnstrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender rnay charge such person or persons a <br />fee for reconveying the Praperty, but only if the fee is paid to a third party (such as th� Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. L.ender, at its option, rnay frarn tizne to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recarded in the county in which this Security Instrument <br />is recarded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />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 Borrower's <br />address which is the Property Address. <br />/� <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFOI�M INSTRUMENT - MERS DocMagic � aoo-sas-�3s2 <br />Form 3028 1/01 Page 9 of 11 www.docmagic.cam <br />Ne.'i(YLS.mzd.xml <br />