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201108060 <br />sentences shall not apply to the presence, use, or storage on the Properry of small quantiries 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 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 />Condirion, including but not limited 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 Borrower learns, or is norified 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, 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 />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleration; Ftemedies. Lender shaii give notice to Borrower prior to acceleration followireg <br />Borrower's bre.ach of any rnvenant or agreement in this Security �nstrvment (but not prior to <br />acceTeration under Section 18 e�Iess Applica6le Law prnvides otheswise). The notice shall speeify: (a) <br />tt�e defauit; (b) the action requiced to cure the defau�t; (c) a date, not less than 30 days frosu the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that faiiure to cure the <br />default an or be�are the date speeifi�l in the notiee m�y resuit in acceleration of the sums secured by <br />this Seeuaity L�shvment and sale of the Pro�rty. �e notice sht�l Furt�er inform Borrower of the <br />righ� to rei�te aftet ac�eleration �ed �e right to bring a cot� action to assert thE �a-e�stence of a <br />r�e€ault or any oEkher defense of Borrower ter acc�era�ion aB� sa�c. If t.�►e c�e€ault is not c�d on or <br />before the date specifiecl in the natice, Lender at ita agtian may rec��ire emmediate payment i� �ull of <br />aT! sums secured by tEu.s S�t�rity I�slren�nent without fu�ber d�z� anci m�y in�oke ttse power of s�le <br />and any other remedigs permi�tted� by Agg2icable Law. bender sha�l be entitled to co}Iect aIl egpenses <br />incurred in pursuiug the re�edies grovided in this Section 22, i�lud�ng, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If tl�e power of s�le is inveked, Tre�st� sir�et� record a notice of defautt in each county in which any <br />part of tlie Prnperty is tocat� anr� sh�lt mm�ail copies of such notice in the manner prescribed by <br />Appiicable I.aw to Borrower and to ti►e other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the �rsons 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 designat� in the notice of sale <br />in one or more parcels and in any order Tnistee determines. Tntstee 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 Pro�rty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dced <br />conveying the Property. The recitals in the Trustce'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 exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees 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 Family-Fannfe Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMP6(NE) (7105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />' +, ; <br />y " . ,. . <br />