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2011Q�944 <br />sentences shall not apply to the presence, use, or storage on the Property of sma11 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 />Bonower 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 Properiy and any Hazardous <br />Substance or Environmental Law of which Bonower has actual lmowledge, (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 caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or <br />regulatory authority, or any private pazty, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Bonower sha11 promptly take all necessary remedial actions in <br />accordance with Environmental I.aw. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agra as follows: <br />22. Acceler�tion; Eiemedies. Lender shall give natice to Barrower prior to acceleration following <br />Soarower's breach o� any covenent or agreement in this Seczu ity Iastrument (but not prior to <br />aceeTeration under Se¢tion �t� t�ntes�s Applicable �.aw provides otherwise).' Tbe aotice sha11 sp�ify: (a) <br />�e d�auit; (b) the ac�on required to cure the default; (c) a date, not le�s than 30 days from the date <br />tke notice is givem to Borrower, by which the defavlt must be cr�red; and (d) that failure to cure the <br />d��uit on or before the cbte speci�ied in the notice may result in acceleration of the sums secvred by <br />tiu� Security Instrument ans� saie of the Property. The notice s�l further inform Borrower of the <br />rig6t to seinst�te after acceteration and We right to 6ring � coe�rt action to assert the aon-existence of a <br />defauft or any other defense of Borrower to acceteration and sale. If the default is not cur� on or <br />before the drate specified in the notice, Lender �t its option �ay reqK�ire immediate gayment in full of <br />a� sums s�ured by t� Secu�ity Instrument withQUt further demand ar►d may invoke the power of sate <br />and any other remedies permitted by Applicable I.aw. Lender sha� be entit}ed to callect aU expenses <br />incurred in pursuing the rem�ties provided in this �etion 22, including, but not limited to, reasonable <br />attorneys' fee.s and costs of title evidence. <br />If the power of sale is invoked, Tnistee shall record a natice of default in each county in wluch any <br />part of the Property is located and shalt mail cogies of such notice in the manner prescribed by <br />Agplicable Law to �orrower �nd to the other persons preSCribed by Applicable Law. After the time <br />req,nired by Applicable Law, Tn�stee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicabie Law.l�ustce, without demand on Borrower, shall sell the Property at public <br />auction to the highe.st bidder at the time and place and under the terms designated in the natice of sale <br />in one or more parcels and in any order Tn�stee determines. Trustee may postpone sale of all or any <br />garcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its design� may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's d�d <br />conveying the Property. The re.citals in the Trustee's dced 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' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the �rson or persons legally <br />entitl� to it. <br />NEBRASKA-Single Family-Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPBWE) (11051 <br />Woliera Kluwer Financial Services Page 14 of 17 <br />. .. . . . . . ,� �1 �.�'� <br />