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2oiioi��5 <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly 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 Le�der 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 Instrument (but not prior to <br />acceleration 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, 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 specified in the notice may result in acceleration of the sums secured by <br />this Security Instrutnent 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 to assert the non-existence of <br />a default or any other defense of Borrow� ta acceleration and sale. If the default is not cau�ed oa ar <br />before the date speci�ed in the notice, Lender at its option may require immediate payment m fidl of <br />all sums secured by this Security Instn�m�t without further demand and may invoke the power of <br />sale and any other remedies permitted by Applirable Law. Lender shalt be entitled tc� odted �li <br />expenses incurred in pursuing the remedies provided in this Section 22, inctuding, but not limited to, <br />reasonable attorneys' fces and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in wluch <br />any part of the Property is located and shall mail copies of such notice in the manner prescxibe� 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 terms 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 sale. Lender or its designee may purchase the Property at any ss�ie. <br />Upon re�eipt of payment of the price bid, Trustee shall deliver to the purchaser 1Yustee's dced <br />conveying 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 procceds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including Yhe payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable La�v; {b) tA <br />all sums secured by this Security Instrument; and (c) any excess to the person or pcxsons legally <br />entitled to it. , <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, i.a�er si�l <br />request Trustee to reconvey the Property and shall surrender this Security Instnunent a�d ail no�s <br />evidencing debt secured by this Security Instrument to Trustee. Trustee sha11 reconvey ii�e Pmpert3� <br />without warraniy to ti� person or persons legaiiy entitled to it. Such person or persons shall pay any <br />recordation costs_ Lender may charge s�ch person or persons a fee for reconveying the Property, bu# 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 />pernutted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor 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 sha11 succced to <br />all the title, power and duties conferred upon 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 />Borrower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />M(�- -61NE) toai i� Page 13 of 15 �nitials: Form 3028 1/07 <br />m <br />.. i .. � r -� � <br />t � <br />c y <br />