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2oioos400 <br />by any governmental or regulatory authority, or any private party, that any rem.oval or other rcmediation <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; RemedYes. Lender shall �ive not3ce to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreernent in this Security Instrument (bat not prior to <br />acceleration under Sectian 1$ unless Applicable Law provides otherwise). The notice shall speclf�: (a) <br />the default; (b) the action requ�red to cnre the defanit; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cared; and (d) that failure to care the <br />default on or before the date specifled 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 Ynform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of <br />a default or any other defense of Borrower to acceleratian 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 />a11 sums secured by this Secarity In�strument withoat further demand and may invoke the power of <br />sale and any other re�nedies pennitted by Applicable Law. Lender shall be entitled ta collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, bat not limited to, <br />reasonable attorneys' f�s 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 capies aF such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other pe�rsons 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, without demand on Borrower, shall sell the Praperty at <br />pablic 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. Trustce may postpone sale <br />of all or any parcel of the Property by public announcement at the time and place of any previausly <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 parchaser Trustee's deed <br />conveying the P�roperty. The recitals in the Trustee's deed shall be prirna facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the follawing order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment af the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable L�w; (b) to <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 payrnent of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Praperty 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 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 reconveying the Praperty, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendexed and the charging af the fee is <br />pernutted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from tirne to time remove Tarustee 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 Froperty, the successor tzustee shall succesd to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default aud sale be sent to <br />Borrower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-B(NE) losttl Page 13 of 15 inici • � Form 3028 1/01 <br />� <br />{ '•: t � 1 +� .� c � <br />