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201109�0� <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recog,r►ized to be appropriate to normal residential uses and to maintenance of <br />thc Property (including, but not limitcd to, hazardous substanccs in consumcr 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 />Subslance or F,nvironmental Law of which Borrower has aclual knowledge, (b) any F.nvironmenlal <br />Condition, including but not limited to, any spilling, leaking, discharge, releaGe 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 leams, or is noti6ed by any govetmnental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary reinedial actions in <br />accordancc with Environmcntal Law. Nothing hcrcin shall crcatc any obligation on Lcndcr for an <br />Environmental Cleanup. <br />Non-Unifot and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall 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 />acceleraHon under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cueed; and (d) that failure to cure the <br />default on or before the date specified in t6e notice may result in acceleration of the sums secured by <br />this Security Instrumcnt and salc of thc Property. Thc noticc shall furthcr inform Borrowcr of thc <br />right to reinstate after acceleration and the right to bring a court action to assert the non-eaistence of a <br />default or any other defense oP Borruwer to accelerxtion and sale. If the default is not cured on or <br />before the date specired in the notice, Lender at its option may require immediate payment in full 01' <br />all sums secured by this Security Instrument without further demand and may invoke t6e power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to col�ect all egpenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If thc powcr of salc is invokcd, Trustcc shall rccord a noticc of dcfault in cach county in w6ich any <br />part of thc Property is locatcd and shall mail copics of such noticc in thc manncr prescribcd by <br />Applicable Law tu Burrower and tu the other persuns prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give puhlic notice of sale to the persons 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 designated in the notice of sale <br />in one or more paecels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Peoperty by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon reccipt of paymcnt of the pricc bid, Trustcc shall deliver to thc purchascr Trustec's decd <br />conveying the Property. The eecitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therrin. Teustee shall apply the proceeds uf the sale in the following order: (a) to <br />all costs and expenses nf exercising the pnwer 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 5ecurily Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPB(NE) (1105).00 <br />Wolters Kluwer Financial Services Page 14 of 17 <br />