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201107962
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Last modified
3/7/2012 11:07:35 AM
Creation date
10/25/2011 12:06:01 PM
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DEEDS
Inst Number
201107962
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201107962 <br /> sentences shall not apply to the presence, use, or storage on the Property 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 /> Borrower 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 pariy 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 limited to, any spilling, leaking, dischaxge, 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 Borrower learns, or is notif'ied by any governmental ar <br /> regulatory authority, or any private parly, that any removal or other remediation of any Hazardous Substance <br /> affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br /> accordance with Environmental Law. Nothing herein sha11 create any obligation on Lender for an <br /> Environmental Cleanup. <br /> IVon-Uniform Covenants. Borrower 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 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 be cured; and(d)that failure to cnre the <br /> default on or before t�e date speciffed 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-existence of a <br /> default or any other cllefense of Borrower to acceleration and sale. If the default is not cured on or <br /> before 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 /> amd any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br /> incurred in pursuing�he remedies 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, Trustee shall record a notice of default in each county in which any <br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> Applicable�aw to Borrower and to the other persons prescribed by Applicable Law. After the time <br /> reqnired 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 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 receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property. The recitals 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 expenses of egercising the power of sale, and the sa1e, including the payment of fhe <br /> Trustee's fees actually incurred and reasonable attorneys' fees 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 /> ent�tled to it. <br /> 231196 <br /> NEBRASKA-Singie Fam.ily-Fannie Mae/Fredtlie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br /> VMP 0 VMP6(NEj(1105) <br /> Wolters lCluw er Financiat Services Page 14 of i 7 <br />
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