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201100375 <br />by any governmental or regulatory authority, or any private party, that any rernoval or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall prornptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Sorrower's breach of any covenant or agreement in this Security Instrument (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 to cure the default; (c) a date, not less than 30 days from 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 speci�ed in the notice may resalt in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action ta 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 speci�ed in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this Security Instrurnent 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 />ex�enses incurred in pursuing the remedies provided in this Section 22, includit►g, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power af sale is invaked, Trustee shall record a notice of default in each county in which <br />any part oF the �'roperty is located and shall mail copies af such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the ternts designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />oF all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sa1e. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment oY the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made there3n. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces actually incurred and reasonable attorneys' fees as perrnitted by Applicable Law; (b) to <br />all sums secured by 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 Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Tnstrument and all notes <br />evidencing debt secured by this Security Instrurnent to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons sha11 pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but anly <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, nnay from timc to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instruznent 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 upan 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 <br />Barrower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6�NE) �oaiii Paga 13 of 15 Initials: Form 3Q2$ 1/01 <br />� r <br />�✓�V <br />