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201iU3884 <br />by any govemmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower sha11 promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein sha11 create any obligation on <br />Lender for an Environmental Cleanup. <br />1VON-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 />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 5ecurity 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 to assert the non-e�stence 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 noNce, Lender at its option 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 limital to, <br />reasonable attorneys' f� 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 noHce of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustce, without demand on Borrower, shall sell the Property at <br />public auction to the lughest 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 sale. <br />U�n receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The r�itals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and ezpenses 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 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 />enHtled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to re,convey the Property and shall surrender this S�urity Instrument and all notes <br />evidencing debt se,cured by this Security Instrument to Trust�. Tnist� shall re,convey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender 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 f� is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trust� 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 trust� 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 that copies of the notice of default and sale be sent to <br />Bonower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) 1os�it Page 73 of 15 �nhial • Form 3028 1/07 <br />0 <br />