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� ' 20110969�
<br />removal action, as defined in Environmental Law; and (d) an "Environmental �ondition" means a condition that
<br />can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
<br />(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
<br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
<br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(including, but not limited to, hazardous substances in consumer 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 />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
<br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory
<br />authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratlon following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
<br />unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
<br />cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the
<br />default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
<br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to
<br />assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default
<br />is not cured on or before the date specified in the notice, Lender at its option may require immediate payment
<br />in full of all sums secured by this Security Instrument without further demand and may invoke the power of
<br />sale and any other remedles permitted by Appllcable Law. Lender shall be entitled to collect all expenses
<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 the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law.
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and place of any previously scheduled sale. 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 Trustee's deed conveying
<br />the Property. The recitals ln the Trustee's deed shall be prima facie evldence of the truth of the statements
<br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses
<br />of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and
<br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by thls Security Instrument;
<br />and (c) any excess to the person or persons legally entltled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request
<br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt
<br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the
<br />person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may
<br />Form 3028 1 /01
<br />NEBRASKA - Single Family - Fannte Mee/Freddle Mec UNIFORM INSTRUMENT Initials
<br />NE/4XXTBLAKE00000000000622049N Woltars Kluwer Financial Services VMP� Page
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