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2U11U04�8 <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 prompCly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender far an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and L.ender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrawer prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Tnstrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shalt 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 natice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The natice 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 Borrower to acceleration and sale. lf the default is not cured on or <br />before the date speci�ed in the notice, Lender at its optxon may require immediate payment in full of <br />a11 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 costs 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 of the Property is located and shall mail copies of 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 Barrower, shall sell the Frope� at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee rnay postpone sale <br />of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender ar 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 />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />oF the staternents made therein. Trustee shail apply the proceeds of the sale in the follawing 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 fees actually incurred and reasonable attorneys' fees as permitted 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 a11 sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrurnent and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the persan or persons legally entitled to it. Such person ar persons shall pay any <br />recordation costs. L.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 chaxging of the fee is <br />permitted under Applicable Law. <br />24. Sabstitute Trustee. L.�nder, at its option, may from time to time remove Trustee and appoint a <br />successor tntstee to any Trustee appainted 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. Borrower requests thaC copies of the notice of default and sale be sent ta <br />Borrower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6�NE) loat �1 Page 13 of 15 i��eais� ,_� .� Form 3028 9/09 <br />� <br />