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201107772
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Last modified
10/18/2011 8:32:43 AM
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10/18/2011 8:32:43 AM
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DEEDS
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201107772
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201107772 <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that aze 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 />Borrower shall promptly give I.ender written norice of (a) any investigation, claim, demand, lawsuit or other <br />acrion by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of wluch Bonower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leakiug, dischazge, release or threat of release of any <br />Hazardous Substance, and (c) any condition 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 notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take a11 necessazy remedial acrions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender 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 agr�ment in this Security Instrument (but not prior to <br />acceleration under Section 18 unle.cs Applicable Law provides otherwise). The notice shall sp�ify: (a) <br />the default; (b) the action required to cure the deFaWt; (c) a date, not l�s 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 speci�ed in the notice may r�sult �tn 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-existence of a <br />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 reqwtre immediate payment in full of <br />all sums secured by this S�urity Instrument without further demand and may invoke the power oF sale <br />and any other rem�ies permittetl by Applicable Law. Lender shall be entitled to collect all e�enses <br />incurred in pursuing the rem�ttes provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of Htle evidence. <br />If the power of sale is invoked, Trust� shall r�ord a notice of default in each county in wluch any <br />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 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 public <br />auction to the highe,st bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and �tn 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 rec:eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's d�d <br />conveying the Property. The r�itals in the Trustee's dced shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the procceds of the sale in the following order: (a) to <br />all costs and e�rpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustce's fce,s actually incurrecl and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this S�unity Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/O7 <br />VMP � VMPBINE) (7105) <br />Wolters Kluwer Finencial Services Page 14 of 17 <br />� � � . ,, <br />
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