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201107798
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Last modified
10/19/2011 11:27:26 AM
Creation date
10/19/2011 8:34:19 AM
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DEEDS
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201107798
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�Q110779� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally re,cognized 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 pronnptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental <br />Condition, including but not limiterl to, any spilling, leaking, discharge, 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 />aff�ting the Property is n�essary, Bonower shall promptly take all n�essary 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. Borrower and Lender 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 agrcement in this Security Instrument (but not prior to <br />acceleration under 5ection 18 unless Applicahle Law provides otherwise). The noNce 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 noNce is given to Borrower, by wtuch 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 noHce shall further inform Borrower of the <br />right to reinstate after accelerallon 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 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 immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may invoke the �wer of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all ezpenses <br />incurral in pursuing the remedies provided in this 5ection 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in wluch any <br />part of the Property is locateci 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. 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 Pro�rty 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 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 of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and e$penses of ezercising 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; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Famlly-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPBINE) (1106) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />
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