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201108093
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Last modified
3/7/2012 11:08:07 AM
Creation date
11/1/2011 9:12:12 AM
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DEEDS
Inst Number
201108093
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201108093 <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 appropriatie to normal residential uses and to maintenance of <br /> the Property(including, but not limited to, hazardous substances in consumer products). <br /> Borrower shall promptIy give Lender written notice of(a) any investigation, claim, demand, lawsuit or other <br /> action by any govermnental 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 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 notified by any governmental or <br /> regulatory authority, or any private party, that any removal oc other remediation of any Hazardous Substance <br /> affecting the Property is necessary, Borrower shall promptly talce all necessary remedial actions in <br /> accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br /> Envirorunental Cleanup. <br /> Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br /> 22. Acceleration; Remedies. Lender shatl 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 actio� required to cure the default; (c) a date, not less than 30 days from the date <br /> the notice is given ta Borrower, by which 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 secured by <br /> this Security Instrument and sale of the Property. The notice shall farther inform Borrower of the , <br /> right to reinstate after acceleration and the right to bring a coart action to assert the non-existence of a <br /> default or any other defense of Borrawer to ncceleration and sale. If the default is not cured on or <br /> before the date specified in the notice, Lender at its o�tion may require immediate payment in full of <br /> all sums secured by this Security Instrument without further demand and may involce the power of sale <br /> and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br /> incurred in pursuing the remedies provided in this 5ection 22, including, but not limited to, reasonlble <br /> attorneys' fees and costs of title evidence. <br /> If the power of sale is invalced, 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 Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br /> required by Applicable Law, Trustee sh�►11 give public notice of s�►le to the persons nnd 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 slte <br /> in one or more parcels and in any order Trustee determines. Trustee may�ostpone snle 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 desi�nee 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 exercising the power of sale, and the sale, including the payment of the <br /> Trustee's fees actu�lly incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br /> all sums secured by tl�is Security Instrument; and(c) any excess to the person or persons legally <br /> entitled to it. <br /> 231198 <br /> NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br /> VMP q VMP6(NE)(1105) <br /> Wolters Kluwer Flnancial Services Page 44 of 17 <br />
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