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201109236
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1/5/2012 9:47:46 AM
Creation date
12/9/2011 8:45:14 AM
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DEEDS
Inst Number
201109236
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�011Q923G <br />sentences shall not apply to the presence, use, or storage on the Propertv of small yuantities of Hazardous <br />Substances that are generally recognized 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� imestigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private pariy involving the Properly and any Ha��rdous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b} arry Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) am condition caused by the presence, use or release of a Hazardous Substance <br />which adversel}� affects the value of the Property. If Borrower learns, or is notif"ied by any governmental or <br />regulatory authority, or any private party, that an,y removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial acdons in <br />accordancc with Environmcntal Law. Notlung hcrcin shall crcatc any obligatian on Lcndcr for an <br />Environmental Cleanup. <br />IVon-UniformCovenants.Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Barrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration 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 gi�en to Borroner, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Sccurity 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 xction to ussert the non-existence of u <br />default or auy other defense of Borrowee to acceleration and sale. If the default is not curecl on or <br />before the date specified in the notice, L.ender at its option mav require immediate payment in fuU of <br />all sums secured by this Security Instrument without further demand aod may invoke tbe power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all eapenses <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 iovokcd, Trustec shall rccord a noticc of dcfault in cach county in which any <br />part of the Property is locatcd and shall mail copics of such ooticc in thc munncr prescribcd 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 />prescribed by Applica6le 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 aotice 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 previousl�� scheduled sale. <br />Lender or its designee may purchase the Property at any sale. <br />Upon rcceipt of paymcnt of thc price bid, Trustcc shall dcliver to thc purchascr Trustec's dccd <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. Trustec shall apply the proceeds of the sale in the follotiving order: (a) to <br />all costs and expenses of ezercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneSs' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any escess to the person or persons legally <br />entitled to it. <br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEM Form 3028 1/01 <br />VMP 0 VMPB(NE� (1105).00 <br />Wolters Kluwer Financial Services Page 14 of 17 <br />
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