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20�10428� <br />by any governmental or regulatory authority, or atty private parl.y, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessary <br />remedial acrions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. I,ender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this 5ecurity Instniment (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall spe�ify: (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 spcxi�ed in the notice may result in acceleration of the sums secured 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-elnstence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />befare ttie date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums s�ured by this Security Instrument without further demand and may iuvoke the power of <br />sale and any other remedies permitted by Applicable Law. I,ender shall be entitl�l to collect all <br />expenses incurred in pursuing the remedies provided in this Se�tion 22, including, but not limited to, <br />reasonable attorneys' fees and casts of title evidence. <br />If the �wer of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the Pro�rty is located and shall mail copies of such notice in t6e 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,lYustee shall give public notice of sale to the persons and in the manner <br />prescribexl 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 aay order Trustee determines. Trust� 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 />Upon r�eipt of paynnent of the price bid, Trustee shall deliver to the purchaser Trustee's de�l <br />conveying the Pro�rty. The r�itals in the Trustee's dced shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceerls 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 />Tcvstce's fees actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums s�nred by this Security Instrument; and (c) any earcess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums se�ured by this Security Instrumern, Lender shall <br />requ�st Trustee to rec:onvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instnrment to Trustee. Truste� shall re�onvey the Property <br />without wazranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordarion costs. Lender may charge such person or persons a f� 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 fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its oprion, 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 'vn which this <br />Security Instrument is recorded. Without conveyance of the Ptogerty, the successor lxust� shall succeed to <br />all the title, power and duties conferred upon Trust� herein and by Applicabla Law. <br />25. Reque.st for Notices. Bonower 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 UPIIFORM INSTRUWIENT <br />�-6(NE) (as� �) Page 13 of 15 �nhtals: Form 3028 1/07 <br />� <br />� ' : ', ` <br />