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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 <br />