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201108217
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Last modified
12/1/2011 3:04:18 PM
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11/1/2011 4:20:38 PM
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DEEDS
Inst Number
201108217
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201108217 <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 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 Environtnental Law of which Bonower has actual l�owledge, (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 condirion ca.used 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 or other remediarion of any Hazardous Substance <br />affecting the Properiy is necessary, Borrower shall promptly take all n�essary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Nan-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleratian; Fiemedies. Lender shall give notice to Borrower prior to acceleration followi�g <br />Borrower's bre�ch of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section �8 unless Applicable Law provides otherwisej. The notice shall speeify: (a) <br />the defautt; (b) the action requ4r� to cure the default; (c) a date, not tess than 30 days from the date <br />the notice is gEVea to Borrower, by w�sich the default must be cured; and (d) that failure ta 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 Y�ment and sale of the Property. The notice shalt further inform Borrower o� the <br />rigi�t to reinstate after a«�eleration Rnd th� right to bring a court action to assert the non-exis�ence of a <br />defaetit o� sny ot�er deferdse oi �3orrav�er to acceieration at�d sale. � tbe default is not c� on or <br />before the date spe�ifi�d ia t�e notice, I.enr�er �t its option may rec�e�iae immediate gayme�t ut f�i of <br />all sums secured by tT�is Security I�tr�ment vPithout furt�er d��c� and may invoke the �wer of sale <br />and any other remedies permitted by Applicable Law. Lender shait � ent3tled to coilect a!t egpenses <br />incurred in pursuing the remedies provided in this Section 22, inclvding, but not limit� to, reasonable <br />attomeys' fees and costs of title eviclence. <br />If the power of sale is invoked, Tt ustee shall record a notice of d�f�ult in each county in whieb auy <br />part of the Pcoperty is locat� and shatl mail cogies of such nQtice in the manner preSCribed by <br />Applicabie Law to Borrower and to the other persons prescribed by Applicable I.aw. After t�e time <br />r�uired by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Appticable Law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the lughest 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 vrder 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 d�ignee may purchase the Property at any sale. <br />Upon receipt of paymeait of the price bid, Trustee shall deliver to the purchaser Trastee's dced <br />conveying the Property. The recitals in the Trust�'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 egpenses of exercising the power of sale, and the sale, including the payment of the <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 />entitled to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) I1105) <br />Wolters Kluwer Financial Services Page 14 of 17 <br />� e � � ., .' �� ` <br />
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