201207723
<br /> Environmental Law; and (d) an "Envirunmental Condition" means a condition tbat can cxuse, contributc to, or
<br /> otherwise ttigger an Environmental Cleanup.
<br /> Borrower shall not cause or permit the presence,use,disposal, storage, or release of any Harardous Substances,
<br /> or threaten to release any Hazardous Substances, on or in the Property. Rorrower shall not do,nor allow anyonc clsc
<br /> lo do, nnything affecting the Property (a) Ltiat is in violation of any Environmentxl Law, (b) which creales an
<br /> 8�vironmental Conditioq or (c) which, due lo lhc prosence, use, or mlcase of a Hazarduus Substa.nce, creates a
<br /> condition lhat xJversely affec[s the value of the Pmperty. The prcccding lwo sentences shall not apply to the
<br /> preaencc, use, or storage on the Property uf small quantities of Hazardous Substxnccs thal xrc gcncrally recognized
<br /> to be appmpriate to normal residential uses and to mnintenance of thc Property (including, but not limited to,
<br /> hazardous substanccs in consumer products). �
<br /> � Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other
<br /> action by any governmentel or rebvlatory agency orprivale party involving the Property and any Hazardous Substancc
<br /> or Environmental Law of which Borrower has actual knowledge, (b)any Environmental Condition, including but not
<br /> limited to, any spilling, leaking, discharge, relcaac or threat of rdcasc of any Hazardous Substance, and (c) any
<br /> condition caused by [he presence, use ot release of a Hazu-dous Substance which adversely affects the value of the
<br /> Property. If Borrowcr leams, or is notified by any governme�tal or regulatory aulhority, o�any private party, that
<br /> any removal or othcr reinediation of any Hazardous Subslance aClecling the Property is necessary, Borrower shall
<br /> promptly take all necessary remcdial actions in accordance with Environmental Law. Nothing herein shall crcatc any
<br /> obligation on I,ender for ao �.�vironmcntttl Cleanup.
<br /> NON-UNIFORM COVENANTS.l3orrowcr and Lcndcr f'urthcr cuvenanl and agree as follo�as:
<br /> 22. AcceleraGon; Remedies. Lender shall give notice [o Borrower prior to accelerafion follawing
<br /> Borroe�er's breach of any covenant or agreement in this 5ecurity Instrument(but not priur tu acceleration under
<br /> Seetion 18 unless Applicable Law provides otherwise). The notice shall specify: (a)the defaalt (b)the action
<br /> required to cure the default; (e)a date, not less than 30 days from the date the notice is given to Borrower, by
<br /> which the default must be cured; and(d)that failure to cure the default on or before the date specified in the
<br /> notice may result in acceleration of the sums secured by this Security Instrument and sale of the Proper[y. The
<br /> notice shxll further inform Borrower of the right ta reinstate after acceleration and the right to bring a court
<br /> action to assert the non-existence of a defaalt or auy other defense of Borrower to acceleration and sale. If the
<br /> default is not cured on or before the date specified in the notice, Lender at its option may require immediate
<br /> payment in full of all sums secured by this Securiry Instrument without farther demand and may imoke the
<br /> power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to w11eM all
<br /> expenses incurred in pursuing the remedies provided in this Section 22,including, but not limited tu, reasonable
<br /> attorneys' fees and costs of title evidence.
<br /> If the povver of sale is invoked, Trustee shall record a notice of default in each cuunTy in which any part
<br /> of 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 6y Applicable Law. After the time required by Applicable Law,
<br /> Trustee shall give public notice of sale to the persuns and in the mxnner prescribed by Applicable La�v. Trustee,
<br /> without demand on Borrower, shall sell the Property at public auctiou to the highest bidder at the time and �
<br /> 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 /> aud place of any previously scheduled sale. Lender or its designee may purchase the Yroperty 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 in the Truetee's deed shall be prima facie evidence of the truth of the sta[ements
<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, inciuding the payment of the Trustee's fees actually incurred and
<br /> reasonable attorneys' fees as permitted by Applicable Law; (b)tu all sums secured by this Security Instrument;
<br /> and (c)any excess to the persan or persons legally entitled to it.
<br /> NEBR{aSKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMQVT-MERS DncMeglc�om6�
<br /> Fortn 3028 1/01 Page 12 of 15 www,docmagic.com
<br />
|