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2o1ioo2sJ <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Prop�rty is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environrnental Law. Nothing herein shall create any obligation on <br />�.ender for an Environmental Cleanup. <br />NON-LTNIFORM COVENANTS. Borrower and Lender further covenant and agrae as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Boar►'ower's breach of any covenant ar agreement in this Security lnstrument (but not prior to <br />acceleration under Section 1$ unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required ta cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Sorrower, by which the default must bc cured; and (d) that failure to cure the <br />default on nr before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Praperty. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of <br />a default or any other defense of Sorrower to acceleration and sale. If the default is not cured an or <br />before the date speci�ed in the notice, Lender at its aption may require immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />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 limited to, <br />reasonable attorneys' fees and casts af title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each coanty in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Sorrower and ta the ather persons prescribed by Applicable Law. After the time <br />reqnired by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, withaut demand on BoXrower, shall sell the Property at <br />public anction ta the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or rnore parcels and in any arder Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Praperty by public announcennent at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee' s deed <br />canveying the Property. The recitals in the Trustee' s deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds af the sale in the following order: (a) <br />to all casts and expenses of exercising the power of sale, and the sale, including the payment of the <br />Txustee's fees �ctually incurred and reason�ble attarneys' fees as permitted by Applicable Law; (b) to <br />aNl surns secured by this Security Instrpment; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Recanveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instxument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the persvn or persons legally entitled to it. Such person or persons shall pay any <br />recardation costs. �,ender may charge such person or persons a fee for reconveying 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 I.aw. <br />24. Substitute Trustee. Lender, at its option, may £rom tirne to time remove Trustee and appoint a <br />successor trustee to any T'rustee 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 />25. Request for Notices. Bonrower requests that copies of the notice of default and sale be sent to <br />Sprrower' s address which is the Property Address. <br />231039 <br />NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT <br />�-6�NE) (0811) Page 13 of 15 iniiisis � Form 3028 1/01 <br />� <br />