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201101�i8 by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous 5ubstance affecting the Property is necessary, Borrower shall promptly take all n�:essary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cu�ed ofl � before the date speci�ed in the notice, Lender at its option may require immediate paymmt iu fult � all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shail t�e entitled to collect a11 expenses incnrred in pursuing the remedies provided in this Section 22, including, but not iimited to, reasonable attorneys' fces and costs of title evidence. If the power of sale is invoked, Trustee shatl record a notice of default in each county in �vhich any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to $orrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously schedWed sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitais in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the saie in the following orcier: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payme,nt of the Trustee's fces actually incurred and reasonable attorneys' fees as permitted by Applicable I.aw; (#�) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, I�cler shail request Trustee to reconvey the Property and shall surrender this Securiry Instrument a�l ait no�s evidencing debt secured by this Securiry Instrument to Trustee. Trustee shall reconvey t�e Pro�2y without warranty to the person or persons legally entitled to it. Such person or persons shall �y atry recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but oniy if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is pernutted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instnunent recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties confened upon Trustee herein and by Applicable Law. 25. R�uest for Notices. Bonower requests that copies of the notice of default and sale be sent to Bonower's address which is the Property Address. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(I�E) 108111 Page 13 of 75 Initials: m Form 3028 1 /01