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201109060 <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 norice 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 Environmental Law of wluch Borrower has actual knowledge, (b) any Environmental <br />Condirion, including but not limited to, any spilling, leaking, dischazge, 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 Properiy. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Bonower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Nort-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceieration; Remedies. Lender shaU 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 />accel�ration under 3ection 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 aotiee is given to Borrower, by wluch the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in tlte notice may result in acceleration of the sums secured by <br />this Security Instrument and sate of the Property. The notice shall further inforin Borrower of the <br />right to reinstale after t�ceTeration and tbe rigl�t to bring a court action to assert the non-existence of a <br />defauit or any ot6er defense of Borrower to accele��ation and sale. If the default is not cured on ar <br />before the d�te specified in the notice, Lender at its optiou may require immediate payment in fiill of <br />all sums s�ured by this Security Instrumeat without further d�mand and may invoke the power of sale <br />and any other remedies permitted by Applic�ble Law. Lender shall I� entitled to collect atl expenses <br />incurred in purs�ing the remexiies pmvid�l in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invok�l, 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 shall give public notice of sale to the persons and in the manner <br />prescril�d 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 parcels and in any order 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 design� may purchase the Property at any sale. <br />Upon r�eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The r�itals in the Trustee's deed shall he prima facie evidence of the truth of <br />the statements made therein. Trust� 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 />1 rustee's fees actually incurred and reasonable attorneys' fess 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 />entitl� to it. <br />NEBRASKA-Single Family-Fannfe Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6INE) (1105) <br />Wolters Kluwer Flnancial Services Page 14 of 17 <br />k , � <br />