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2Q1100224 <br />by any bovernmental or regulatory authority, nr any private party, that any removal or ather remediation <br />of any Hazardous Subatance affecting the Property is necessary, Borrower ahall promptly take a11 necessary <br />remedial actions in accordance with Environmental Law. Nothing laerein shall create any obligation on <br />Lender for an Enviranmental Cleanup. <br />NON-UNIFORM CC7VENANTS. Bonrower and Lender further covenant and agree as follows: <br />22. Acceleration; Rernedies. Lender shall give notice to Sorrpwer prior to acceleration following <br />Eorrower's breach of any covenant or agreenient in this Security Instrument (but not priar to <br />accelecatian under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, npt less than 30 days frarn the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of thc sums secured by <br />this Security Instrument and sale of the Praperty. The notice shall further inform Sorrower af the <br />ri�ht to reinstate after acceleration and the right to bring a court actian to assert the non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its aption may require irnmediate payment in full of <br />all sums secured b,y this Security Instrument without fnrther demand and may invoke the power of <br />sale and any uther remedies permitted by Applicable l,aw. Lender shall be entitled to eollect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasanable attorne,ys' fees and casts of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part af the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Sorrower and to tlte other persons prescribed by Applicable Law. After the time <br />required by AppMicable Law, Trustee shail give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Sorrower, shall sell the Property, at <br />public auction to the hidhest l�idder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in anv order Trustee determines. 1 rqstee ma,y postpone sale <br />of al! or any parcel of the Yroperty by public announcement at the time and place of an3� previously <br />scheduled sale. Lender or its designee rnay purchase the Praperty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver ta the purchaser Txustee' s deed <br />conveying the Property. The recitals in the Trustee' s deed shall be prima facie evidence of the tr�th <br />of the statements made therein. Trustee shaU apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses af exercising the power of sale, and the sale, including the payme�nt af the <br />Trustee's fees actnally incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured b}� this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this 5ecurity Instrument, Lender shall <br />request Trustee to reconvey the Property and shal] surrender this Security Instnunent and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charg� such person or persons a fee far reconveyzng the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to tirne remove Trustee and appoint a <br />successar trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />2S. Request for Notices. Boxrower requests that copies of the natice of default and sale be sent to <br />Borrower' s address which is the Property Address. <br />231D40 <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNI�OitM INSTRUMENT <br />�-6�NE) �osi i� Page 13 oF 15 In�t�ais� orm 3028 1109 <br />m <br />