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2oioos�s2 <br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to <br />Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, <br />21. I�azardous Substances. As used in this Section 21: (a) "Ha7.ardous Substances" are thnse substances defined as toxic or <br />hazardaus substances, pollutants, or wastes by Environmental C,aw and the following substances: gasoline, kerosene, ather flammable or <br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials cnntaining asbestos or fnrmaldehyde, and radioactive <br />materials; (h) "Fnvironmental Law" means fedcral laws and laws of tha jurisdiction where the Property is located that relate to health, safety <br />or environmental protection; (c) "Environmental Cleanup" includes any respnnse action, rernedial action, or removal action, as defined in <br />�nvironmental Law; and (d) an "F.,nvironmental Condition" roeans a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Florrower shall not cause or permit the presence, usa, disposal, stnragc, or relcase of any Hazardous Substances, or threaten to <br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br />(a) that is in violation nf any Environrnental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or <br />release of a Hazardous Substance, crcates a condition thac adversely affects the value of the Property. The precedirig two sentences shall not <br />apply to the presence, use, ar storage on the Property of small quantities of Iiazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance af the Property (including, but not limited to, hazardous substances in consumer <br />products). <br />Borrower shall prom�tly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any <br />�;avernmental or regulatory agency or private party involving thc Property and any I•lazardous Substance or Environmental Law otwhich <br />Borrower has actual knowledge, (b) any Environmental Condition, including brit not limited to, any spilling, leaking, discharge, release or <br />threat of release of any liazardous Substance, and (c) any condicion caused by the presence, use or release ofa Ha�.ardous Substance which <br />adversely affects the value of the Pmperty. If Borrnwer learns, nr is notified by any governmental or regulatory authnrity, or any private <br />party, that any removal or other remediation nf any Hazardous Substance affecting the Prnrerty is necessary, E3orrower shall promptly take <br />all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />NON-UT�TfI�QRM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. I.ender shall give notice to Sorrower prior to acceleratian following I3orrower's breach oiany <br />cavenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides <br />othcrwise). Thc notice shall specify: (u) the default; (b) the action requireci to cure the defuult; (c) a date, not less th�n 30 dAys from <br />the date the noticc is given ta C3orrower, by which the default must be cured; and (d) that failure to cure the default an nr before the <br />dakc speci�ed in the noticc may result in acceleration nf the sums secured by this Security Ynstrument and ss�le of the 1'roperty.l'he <br />notice shall further inform Borrower of the right to reinstate aftcr accelcration and the right to bring a court actinn to assert the <br />non of a default ar any other defense of I3orrower to acccicration and salc. If the default is not cured on or before the date <br />speci�ed in the notice, Lender at its option may reqnire immediate payment in full of all sums securecl by this Security Instrument <br />without fr�rthew demand and may invoke the powcr of sale and any other remedies permitted by Applicable L�w. Lender shall be <br />entitled to collect all expenses incurred in pursuing tlae remedies provided in this Section 22, including, but not limitsd to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the pawer af sale is invoked, Trustee shall record a notice of default in e�ch county in which any part of the Pwoperty is <br />located and shall mail ec►pies of such notice in the manner prescribed by Applic�ble Law tn I3orrower And to the other persons <br />prescribed by Applicable Law. ATter the time reqaired by Applicable I..aw, Trustee shall give public notice of sale t� the persons <br />Ancl in the manner prescribed by Applicable I..aw. Trustee, witl�o��t demand on Rorrower, shall sell the Property at public auction to <br />the highest bidder At the time and place and rmder the terms ciesignatecl in the notice of sale in one or more parcels ancl in any order <br />Trustee determines. Trustee may postpone sale of all or any pnrcel of the Property by p►�blic announcement at the time s�nd pl�ce of <br />any previously scheduled sale. Lender or its rlesignee roay, purch�se the Property s�t any sale. <br />Upon receipt of p�yment of the price bid, Trustee shall deliver to the purch�ser Trustee's deed conveying the Property. The <br />recitals in thc Trustee's deed shall be nrima fACie evidence of the truth of the stutements made therein. Trustee shall apply the <br />procecds pf the sale in the following order: (a) to all costs And expenses nf exercising the power of snle, s�nd the s�le, including the <br />payment of the Trustee's fecs actually incurred and reasonablc attarneys' �ces as permitted by Applicable Law; (b) to All sums <br />secured by this Security Instrument; and (c) any excess to the nerson or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrurnent, Lender shall request Trustee to re-convey the <br />Property and shall surrender this Security Tnstrument and all nntes evidencing debt secured by this Security Instrument to T'rustee. Trustee <br />shall reconvey the Property without warranty to the person ar persons legally entitled to it. Such person or persons shall pay any recardatian <br />costs. Lender may charge such person or persons a fee for reconveyin�; the Property, but only if the fee is paid to a third party (such as the <br />Trustee) far services rendered and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Tnistee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recordad. Without conveyance nf the <br />Pmperty, the successar trustee shall succeed to all the title, power and duties 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 address which is the <br />Property Address. <br />NEBRA$KA -Single Family-Fannie MaefPraddle Mac UNIF'QRM IN$TRUMENT with MERS � 3028 1/07 <br />Page 7 of 8 �rn f") <br />i�s, inc. Borrower(s) Initial �� ► � ���5 <br />