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201109241
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Last modified
3/7/2012 11:16:57 AM
Creation date
12/8/2011 3:18:34 PM
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DEEDS
Inst Number
201109241
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201109241 <br /> sentences shall not apply to the presence, use, or storage on the Properiy 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 /> Bonower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other <br /> action by any govemmental or regulatory agency or private party involving the Property and any Hazardous <br /> Substance or Environmental Law of which Bonower has actual knowledge, (b) any Environmental <br /> Condition, 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 Property. 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, Borrower 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 /> Non-Uniform Covenants. Bonower 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 5ecurity Instrument(but not prior to <br /> . acceleration under Section 18 unless Applicable Law prnvides 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 cured; and(d)that failure to cure the <br /> default on or before the date speci�ed in the notice may resWt in acceleration of the sums secural by <br /> � this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a <br /> default or any other defense of Borrower to acceleration and sale.If the defaWt is not cured on or <br /> before the date specified in the notice, Lender at its option may require immediate pa�ment in full of <br /> all sums s�ured by this 5ecurity Instrument without further demand and may invoke the power of sale <br /> and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all ezpenses <br /> incurred in purs"�ng the remedies provided in this Section 22, including, but not limited to, reasonable <br /> attorneys' f�and costs of title evidence. <br /> If the power of sale is invoked, Trustce shall record a notice of default in each county in wluch any <br /> part of the Property is locat�and shall mail copies of such notice in the manner prescribeci by <br /> Applicable Law to Borrower and to the other persons pre,scribed by Applicable Law.After the time <br /> r�uired by Applicable Law, Trust�shall give public 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 high�t 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 Trust�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 schedul�sale. <br /> . Lender or its designee may purchase the Pro�rty at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trust�'s deed <br /> conveying the Property.The recitaLs 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 ezpenses of exercising the power of sale, and the sale, including the payment of the <br /> Trust�'s fees actually incurred and reasonable attorneys' f�s as�rmitted by Applicable Law; (b)to <br /> all sums secured by this 5ecurity Instrument; and(c) any ezcess to the person or persons legally <br /> entitled to it. <br /> IVEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br /> VMP� VMP61NE)(1105).00 <br /> Wolters Kiuwer F�nanciai Services Page 14 of 17 <br />
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