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201007480 <br />by any governmental or regulatory authority, or axry private party, that any removal or other rernediation <br />af any Hazardous Substance affecting the Property is necessary, Barrower shall promptly take all necessary <br />rernedial actions in accordance with Environmental Law. Notl�ing herein shall create any obligation on <br />I.ender for an Enviroiunental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender furth�r covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice ta Burrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Secarity Instrument (but not prior to <br />acceleratian ander Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) th� action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />d�fault on or before the date speci��ed 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 acceleration a�d the right ta bring a court action to assert the non-existence 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 speci�ed in the notice, Lender at its aption may require immediate payment in fall of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies pern�itted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, bat not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power ot' 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 capies of such notice in the manner prescribec� 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 notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, withaut demand on Borrower, shall seil 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 />af all or any parcel of the Property by public announcement at the time and place of any previously <br />schedale� sale. Lender or its designee may purchase the Property �t any sale. <br />Upou receipt of payment of the price bid, Truste:e shall deliver to the parchaser Trustee's deed <br />rnnveying the Property. The recitals in the Trustee's deed shall be prim� facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the folipwing order: (a) <br />to all casts and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces 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 pe�son or persons legally <br />entitled ta it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to recanvey the Property and shall surrender this Security Instniment and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Praperty <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recardation casts. Lender may charge such person or persons a fee for recanveying 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. Substitute Trustee. Lender, at its option, may frorn time to tirne rernove Trustee and appoint a <br />successor trustee to any Truste� appointe� hereunder by an instnunent recorded in the county in which this <br />Security Instnunent is recorded. Without conveyance of the Property, the successor trust� shall succeed to <br />all the title, power and duties conferre� 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 />N�BRASKp - Single Family - Fannia Mae/Freddle Mac UNIFORM INSTRUMENT `,,� c., <br />�-BINE) 1o8t t� Page 13 of 75 inicieis: yr`. (, Form 3028 7/01 <br />� <br />"� �� f� t! 1 �` j .� e <br />� <br />