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20 100893� <br />Borrower shall not cause or pernut the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Environmental Condition, or (c) wk�ich, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition thaC adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the PropeRy of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claicn, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance <br />or Enviranmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />lirnited to, any spilling, leaking, discharge, release ar threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that <br />any retnoval ar other remediation of any Hazardaus Substance affecting the Property is necessary, Borrowar shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Rem�edies. Lender shall give notice ta Borrower prior to acceleration Following <br />Borrawer's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the actinn <br />required to cure the default; (c) a date, not less than 30 days from the date the notIce is given to �orrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date speclfied in the <br />notice may result in acceleration af the sums secured by this Security Instrument and s�le of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a coart <br />actian to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />defaalt is not cured on or before the date speci�ed in the notice, Lender at its option may req��ire immediate <br />payment in fall of all sums securecl by this Security Instrument withaut fuirther demand and may invak� the <br />power of sale and any ather remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />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 any part <br />of the Property is located and shall mail copies of such notice in the nnanner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trastee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in nne or more parcels and in any order Trustee <br />determines. Trustee may postpone sale oF all or any parcel of the Property by public announcement at the time <br />and place of any previoasly scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment oF the pcice bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the followiag order: (a) to all costs and expenses <br />of exercising the power of sale, and the sale, including the payment of the Trastee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums seci�red by this Secarity Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this 5ecurity Instrument, L,ender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evid�ncing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is pernutted und�r Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time ta time remave Trustee and appoint a successar <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br />`��Y`��� <br />_ -- -- - <br />NEBRASKA--Singla Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic � aoo-s4s->ss2 <br />Form 3028 1/01 Page 9 of 11 www.docrosgic.com <br />Ne3628.mzd.x�nl <br />