201008584
<br />Borrower shall not cause or perinit the presence, use, disposal, storage, or release of auy Hazardous Substances,
<br />or threaten to release any F-iazardous Substazlces, on or in the Property. Borrower sl�all not do, i�or allow anyoiie else
<br />to do, anything affecting the Property (a) that is itt violation of any �nviranmental Law, (b) which creates an
<br />Enviranmental Condition, or (c) which, due to the presence, use, or release of a�lazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to tl�e
<br />presence, use, or storage on the Property of sinall quantities of Ilazardous SuUstances that ace ger�erally recog�aized
<br />to be appropriate to nnrmal residential uses and to iTiainter�ance of the Property (includin� but not lirnited to,
<br />hazardous substances in consumer products).
<br />Borrower shall protnptly give Lender written notice of (a) any investigation, claizn, deuiand, lawsuit ot other
<br />actian by any governmenlal or regulatory agency or privac� party involving the Property and any I Iazardous Subscance
<br />or �nviromnental Law of which Borrowcr has actual knowledge, (b) any Envirotunental Conditioxi, including but nol
<br />limited to, any spilliug, leaking, discharge, release or threat of release of any Hazardous Substauce, and (c) any
<br />condition caused by the presence, usa or release of a IIazardous Substance which adversely affects che value of the
<br />I'roperty, lf Borrower learns, or is notified by any gpvernmental or regulatory autl�ority, or any private party, that
<br />any reinoval or other remediation of any Hazardous Substance nt�'ecting the Pro[�erty is necessary, Bc�rrower shall
<br />proinptly take all necessary re��ledial actions in accordance with Enviro��ia�enkal Law. Nothir�g l�ereii� shall create any
<br />obligation on Lencler for an Enviroumental Cleanup.
<br />NON-UNIFORM COV�IVANTS. �3orrower �ncl I,ea:�der further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice tp Borrowcr prior to aceeleration following
<br />13arruwer's breach of any cuvenant or agreement In tl�is Securtty [nstrument (but not prinr to acceleratinn under
<br />Section 18 unless Appticable Law pruvldes otherwise). 'I'he notice shall specify: (a) the default; (b) the action
<br />required tc► cure the default; (c) a date, not less than 30 days frnm the date the notice is given to Borrower, by
<br />which the def�ult must be cured; and (d) that failure to cure the default nu or before the date speci�ed in the
<br />notice may result in acccleration ot the sums secured by this Security Instrament and sale of the Property. The
<br />nokice sl�all further infor�n Rorrower of thc right to reinstate after acccicratinn �nd the right to bwtng a court
<br />action to assert the non-existence of a default or any other defense af I3orrower tv acccicration �nd sale. If thc
<br />default is not cured on or bet'ore tl�e dake s�►eci�ed in the uotice, �.ea�der at its uption anay rcquirc immcdiatc
<br />payment in fall uf all sunws secured by klais Security Instru�nent �v�thout further demand and may invake thc
<br />power of sale and any other re�x�edies peranitted by Ap��licable I,aw. I.,ender shall bc cntiticd tn collcct All
<br />expenses incurred in pursuing the remedies pravided i�► kl�is Sectio�� 22, including, but not limited to, res�sons�ble
<br />attorneys' Tees and costs of titic evidence.
<br />If the power of sAle is invoked, Trustee shall rccurd a noticc of def�ult tn each cuunty in whicl� any part
<br />of the Property is located a�ad shall n�ai1 copics of such noticc in the m�nner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable I�aw. After the time reqalred by Applicable Law,
<br />Trustee shall givc publlc notfce of sale to the persons a�►d i�� the �na��aer prescribed by Applicable Law. '1'rustee,
<br />withoat demand on I3orrnwcr, shall sell tLe Property at public auction to thc hi�hest bidder at the time and
<br />place and undcr thc terms designated in the notice of sale in o��e or anore p�rccls and in any nrder "I'ruslee
<br />determi�aes. Trustee may pastpune sale nf �Il or an,y pa�•cel of klae Property by public announcement at the time
<br />and piacc of any previously scheduled sale. I,e��der or its designec muy purchase lhe I'roperty at any sale.
<br />Upon recetpt of payment of the price bid, Trustee shall dclivcr tu the purcltaser '�'rustee's deed convcying
<br />the Property. The reclCals in tLe Trustee's deed sha11 be prima fncie evidence of the trutli of the Statc�ncnts
<br />made therein. Trustce shall apply tl�e proceecls of Che sale in tlae Tvllowing order: (a) lo all custs and expenses
<br />of exercising the power of sale, and the s�le, including the payment of tt�e Trustcc's fces xctually incurred and
<br />reasnnable attorneys' tees as permitted by Applicable Law; (b) to all suans secured by this Security Instrument;
<br />and (c) any excess tn the person or persons legally entiticd tu it.
<br />23. Reconveyance. Upan payment of all surzas secured by this Security lnstruzne��t, Lender shall request Trustee
<br />to reconvey the Property and shall surreuder chis Security IT�stru�T�ent and all notes evi�letacing debt secured Uy this
<br />Security instrument to Ttustee. '1'rustee shall reconvey the Property witltoul wat'ranty to the person or persous legally
<br />entitleci to it. Such person or persons shall pay any recordation costs. Letader znfly charge such person or persons a
<br />fee for reconveying the Property, Uut only if tlie fee is paid to a tliird party (such as the "1'rustee) for set'vices rendered
<br />and the charging of the fee is pernaitted under Applicable La.w.
<br />24. Substitute 'Crustee. Lender, at its vption, may fro�ti ti�ne to time remove Trustee arad appoint a successor
<br />truslee to �ny Trustee appointed hereunder by an instrument recorded in tlie cowity in which this Security Instruinent
<br />is recorded. Without conveyance of the Property, the successor truslee shzll succeed to all the title, power and duties
<br />conferred upon Trustee herein and by Applicable I.aw.
<br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be senC to Borrower's
<br />address which is the Property Address.
<br />N�6RASKA--Single Family--Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCM2gICQr'YUl'ITliliTp 800-649-1362
<br />Form 3028 1101 Page 9 of 11 www.dacmagic.com
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