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201�09351 <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residenrial 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 invesrigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private pazty involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual l�owledge, (b) any Environmental <br />Condirion, including but not limited to, any spilling, leaking, discharge, 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 govemmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is ne,cessary, 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. Borrower and Lender covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acxeleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Sedion 18 uuless 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 cured; and (d) that failure to cure the <br />defa�it on or before the date specified in the notice may result in acceleration of tl�e sums secured by <br />� Security Imstrument and sale of ti�e Property.l'he notice sh�l fc�rther i�form �orn►wer of the <br />right tf► reiffitate after acceleratian and the right to 6ring a co�rt action to assert tf�e non-e�stence of a <br />defautt or a�y ot6er ctef� of Borrc�wer to acceleration and s�e. If the default is not cured on or <br />befare t6e date specified in �he �tice, Lender at its ogtion may require immediate payment in fuil of <br />atl suaES seeurec� by tbis Sec�rity I�str�ment without further demand and may invoke the power of sale <br />and any other remedies permitted b� Applicable Law. Lender shall be entitl� to collect all expenses <br />incurred in pursuing t&e remeciies prnvided in this Section 22, including, but aot limited to, reasonable <br />attorneys� f�s and c�ts of title e�idence. <br />If the power of sale is invo�ed, Trustee shall record a notice of default in each county in wiuch any <br />gart of t�e Property is toc�ted aad shaU mail copies of such natice in the manner preseribed by <br />Applicabie Law to Borrower $ad to the other persons grescribed by Applicable Law. After the time <br />requir�l 6y Applieable I.aw, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed 6y Applicable I.aw. Ttvstee, without demand on Borro�eer, 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 designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustce's dced <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. 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 />1�ustee's fees actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any exceas to the person or persons legally <br />entitled to it. <br />NEBRASKA-Single Family-Fennie Mae/Freddia Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP � VMP6INE) (1105) <br />Wolters Kluwer Finencia� Servfces Page 14 of 17 <br />