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2 o�oo�s54 <br />by any govenr�mental or r�gulatory authority, or any private party, that any rexnoval or other remediation <br />of any Hazardous Substance affecting the Property ia necessary, Borrower slaall promptly take all necessary <br />remedial actions in accordance with �nvironmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-iTNIFORM COV�NANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender sh$11 give notice to Sorrower prior to acceleration following <br />Barrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law pravides otherwise). The notice shall specify: (a) <br />the default; (b) the actian 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 />default on or before the date speci�ed in the notice may result in acceleradon of the sums secured by <br />this Security Instrument and sale af the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleratian and the right to bring a court action to assert the non-existence of <br />a default or any other defense of Borro�er 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 af <br />all sums secured by this Secnrity Instrument without further demand and may invoke the power nf <br />sale and any other remedies perm.itted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the xenaedies 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 lacated and shall mail copies of such natice in the manner prescribed by <br />Applicable Law to Borrawer and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable l.,aw, Trustee shall give public notice of sale ta the 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 />natice af sale in one or more parcels and in $ny order Trustee determin�s. Trustee may postpone sale <br />of all ar any p�rcel of the Property by publwc annauncement at the dme and place of any previously <br />scheduled sale. Lender ar its designee may purchase the �roperty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee' s deed <br />conveyin� the Property. The recitals in the Trustee's deed shall be prima facie evidence ot' the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (�) <br />to all costs and expenses of exercising the power of sale, and the s�le, including the payment af the <br />Trustee's fees actually incurred �nd reasonable attorneys' fees as permitted by Applicable Law; (b) ta <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <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 5ecurity lnstnunent to Trustee. Trustee shall reconvey the Property <br />without warranty to the perspn 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. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustae appointed hereunder by an instrument recorded in the caunty 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 />25. Request far 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 />230945 <br />NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INSTRIIM ENT <br />�-B�NE) (OB11) Page 13 of 15 in�c�ais: 4. Form 3028 7/01 <br />� <br />