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201108609
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Last modified
3/7/2012 11:10:52 AM
Creation date
11/16/2011 12:22:19 PM
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DEEDS
Inst Number
201108609
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201108609 <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 party involving the Property aiid any Hazardous <br /> Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envii�onmental <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�Hazardous Substance <br /> which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or <br /> regttlatot�y authority, or any private party, that any removal or�Cher remediation of any Hazardous Substance <br /> affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br /> aceordance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an <br /> Environmental Cleanup. <br /> Non-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 breacli of any covenant or agreement in this Security Iustrumeiit (but not prior to <br /> acceleration under Section 18 unless Applicable Law provides otherwise). The tiotice sh�ll specify: (a) <br /> the default; (b) the action required to cure the default; (c)a date, not less than 30 clays from the clate <br /> tlxe notice is given to Borrower, by which the default must be cured; and (d) that failure to cure tlie <br /> clefault 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 further inform Borrower of the <br /> rigtzt to reinstate after acceleration and the right to bring a court actioi�to assert the irou-existence of a <br /> default or any other defense of Borrower to acceleration and sale. If the default is not curecl on or <br /> before the date specified in the notice, Lender at its option may rec�uire immediate payinent in full of <br /> all sums secured by this Security Instrument without further demand a►id nray involce the power of sale <br /> and any other remedies permitted by Applicable Law. Lender shall be entitlecl to collect all expeiises <br /> incurred in pursuing the remedies provided in this Section 22, including, but not limited to, re�sonable <br /> attorneys' fees and costs of title evideiice. <br /> If the power of sale is invoked, Trustee sliall record a notice of clefault in each county in which any <br /> part of the Property is located and shall mail copies of such iiotice in the manner prescribed by <br /> Applicable Law to Borrower and to the othet�pei•sons prescribed by Applicable Law. After the time <br /> required by Applicable Law, Trustee shall give public notice of sale to tlie persons and iu the manner <br /> prescribed uy Applicable Law. Trustee, without demand oii Borrower, shall sell the Property at public <br /> auction to the highest bidder at the time and place and uvder the terms designated in tlxe tiotice of sale <br /> f�x oiae or naoi�e parcels and in any order Trustee determiues. Trustee may postpoue snle of all or any <br /> parcel of the Property by public announcement at the time aird place of any previously scheduled sale. <br /> Lender or its designee may purclrase the Property at aity 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 s�le in the following ordei: (a) to <br /> all costs and expenses of exercising tlre power of sale, and the sale, including the payment of the <br /> Trustee's fees actually iucurred aiid reasonable attorneys' fees as permitted by Applicable Law; (b) to <br /> all sums secured by this Security Listrument; and (c) any excess to the persmi or persous legally <br /> entitled�o it. <br /> 231216 <br /> NEBRASKA-Sfngle Family-Fannie Maa/Freddie Mac UNIFORM INSTRUMENT Fonn 3028 1/01 <br /> VMP OO VMP6WE)111061 <br /> Wolters Kluwer Flnancial Services Pac�o 14 of 17 <br />
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