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201104184 <br />by any governmental or regulatory authoriry, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Properiy 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 COVENANT5. Bonower and Lender further covenant and agr� 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 tlus Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the defaWt; (b) the action required to cure the default; (c) a date, not le.ss than 30 days from the date <br />the notice is given to Borrower, by wluch 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 s�ured 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 to assert the non��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 notice, Lender at its option may require im�ediate 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 limited to, <br />reasonable attorneys' fces and costs of title evidence. <br />If the power of sale is invoked, Trustce shall r�ord a noNce of default in each county in wluch <br />any part of the Property is located and shaU mail copies of such notice in the manner prescrib� 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. Trustce, 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 Trust� 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 design� may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trust�'s dced <br />conveying the Property. The r�itals in the Trustee's de�l shall be prima facie evidence of the truth <br />of the statements made therein. Trustce 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' fces as permitted by Applicable Law; @) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entatled to it. <br />23. R�onveyance. Upon payment of all sums secured by this Security Instrument, Lender si�ali <br />request Trustee to r�onvey the Property and shall surrender this S�urity Instrument and all notes <br />evidencing debt secured by this Se,curity Instrument to Tnistee. Trustee shall reconvey the Froperty <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may chazge such person or persons a fe,e for r�onveying the Properiy, but only <br />if the f� is paid to a third party (such as the Tnistee) 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 />succrssor trust� to any Trustee appointed hereunder by an instivment recordefl in the county in which this <br />Securiry Instrument is recorded. Without conveyance of the Property, the successor trustee shall succced to <br />all the title, power and duties conferr� upon Trustee herein and by Applicable Law. <br />25. Reqaest 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 />�-6(NE) (0811) Page 13 of 15 inntais: Form 3028 1/01 <br />� <br />