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201009589 <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 />ta do, anything affecting the Property (a) that is in violation of any �nvironmental Law, (b) which creates an <br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value af the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Praperty (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall prornptly give Lender written notice of (a) any investigation, claim, demand, lavvsuit or other <br />actinn by any governmental or regulatory agency or pxivate party invalving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />candition caused by the presence, use or release of a Hazardaus Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governrnental or regulatory authority, or any private party, that <br />any removal or other remediation of any Hazaxdous Substance affecting the Property is necessary, Borrower shall <br />pramptly 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 Lendcr further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Tnstrument (but not prior ta acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the defaWt; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date speci�ed in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice sha�l further inPorm Bo� pf the right to reinstate after acceleration and the right to bring a court <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date speci�ed in the notice, Lender at its option may ret�uire immedi�te <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other 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 lixnited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invokecl, Trustee shall record a notice of dePault in eaeh county in which any part <br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and tu 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. Trustee, <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 one or more p�rcels and in any arder Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public annouxACement at the time <br />and place of any previously scheciuled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payrnent of the price bid,1 rustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence af the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the fpllowing order: (a) to all costs and expenses <br />of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by tlus Security Instrument; <br />and (c) any excess ko 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 evidencing debt secured by this <br />Security Instrurnent 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 chazge 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 under Applicable �.aw. <br />24. Sabstitute Trustee. L.ender, at its option, may from time to time remove Trustee and appoint a successor <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 Praperty, the successor trustee shall succeed to all the title, power and duties <br />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 Borrowex's <br />address which is the Property Address. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic �i aoo-sas-r3sz <br />Form 3028 1/01 Page 9 of 1 9 www.docmagic.cam <br />��. <br />�� <br />I:[#:�i?�lti?�+,�,J <br />