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201 2p5535
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower sha11 not do, nor a11ow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condirion, or (c) wluch, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences sha11 not apply to the presence, use, or storage on the
<br />Property of small quantities of Hazardous Substa.nces that are generally recognized to be appropriate to normal residential
<br />uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower sha11 promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condirion, including but not
<br />limited to, any spilling, leaking, dischazge, release ar threat of release of any Hazardous Substance, and (c) any condition
<br />caused by the presence, use or release of a Hazardous Substance wbich adversely affects the value of the Property. If
<br />Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or
<br />other remediation of any Hazardous Substance af�ecting the Property is necessary, Bonower shall promptly take all
<br />necessary remedial actions in accordaace with Environmental Law. Nothing herein sha11 create any obligation on Lender
<br />for an Environmental Cleanup.
<br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenaat and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration nnder Section 18
<br />unless AppHcable Law provides otherwise). The nottce shall specify: (a) the default; (b) the actton required to cure
<br />the default; (c) a date, not less than 30 days from the date the nottce is given to Borrower, by which the default
<br />must be cured; and (d) that failure to cure the default on or before the date specified �tn the notice may result in
<br />acceleration of the sums secured by this Security Instrament and sale of the Property: The notice shall further
<br />inform Borrower of the right to reinstate after acceleratlon and the right to brtng a court action to assert the non-
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br />secured by this Security Instrument without further demand and may invoke the power of sale and any other
<br />remedies permitted by Applicable Law. Lender shall be entitled to collect all egpenses incurred in pursuing the
<br />remedies provided in this Section 22, �ncluding, but not Umited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br />Property is located and shall mail copies of such notice in the manner
<br />prescribed by Applicable Law to Borrower and to the other persons prescribed by AppHcable Law. After the
<br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by Applicable Law. 'lYustee, without demand on Borrower, shall sell the Property at public auction to
<br />the iughest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels
<br />and in any order 'IYustee determines. Trustee may postpone sale of all or any parcel of the Property by pnblic
<br />announcement at the time and place of any previously scheduled sale. Lender or its designee may parchase the
<br />Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and egpenses of
<br />exercising the power of sale, and the sale, including the payment of the 1Yustee's fees actually incurred and
<br />reasonable attorneys' fees as permitted by Appl�cable Law; (b) to all sums secured by this Security Instrament;
<br />and (c) any excess to the person or persons legally entltled to it
<br />23. Reconveyance. Upon payment of a11 sums secwed by tlus Security Instrument, Lender shall reqaest Trustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without wazranty to the person or persons legally entitled to it.
<br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying
<br />NEBRASKA -Single Famlly-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/01
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