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�0110�364 <br />sentences shall not apply to the presence, use, or storage on the Properiy of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property (including, but not limited to, hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private parly involving the Property and any Hazardous <br />Substance or Environmental I.aw of which Borrower has actual l�owledge, (b) any Environmental <br />Condition, including but not limit� to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous 5ubstance, and (c) any condirion caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Bonower learns, or is norified by any govemmental or <br />regulatory authority, or any private pazty, that any removal or other remediarion of any Hazardous Substance <br />aff�tittg the Property is ne,cessary, Bonower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Ettvironmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agrce 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 1� 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 acxeleration and the right to bring a court action to assert the non-e�stence of a <br />default or any other defense of Borrower to acceleraHon and sale. If the default is not cured on or <br />1�fore the date specified in the notice, 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 sale <br />and any otber remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' feQ.s and costs of title evidence. <br />If the power of sale is invokexl, Trustee shall r�ord a notice of default in each county in wluch any <br />part of the Pro�rty is la;ated 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, Trustce 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 public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon r�eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dced <br />conveying the Pro�rty. The recitals in the Trustee's dced shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and ezpenses of ezercising the power of sale, and tbe sale, including the payment of the <br />Trustce's fee�s actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums securexl by this Security Instrument; and (c) any ezcess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Famfly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMP6(NE) (1105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />