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Environmental Condition, or (c) that, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property.
<br />Borrower promptly shall 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 that adversely
<br />affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority or
<br />any private party that any removal or other remediation of any Hazardous Substance affecting the Property is
<br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br />Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />13. Escrow for Taxes and Insurance. Unless otherwise provided in a separate agreement, Borrower shall not
<br />be required to pay in escrow to Lender funds for taxes, insurance, and other assessments.
<br />14. Default. Borrower shall be in default under the HELOC and this Security Instrument if without limitation
<br />any of the following occur: (a) Borrower engaged or engages in fraud or material misrepresentation in connection
<br />with any aspect of the HELOC or this Security Instrument; (b) Borrower does not meet repayment terms under the
<br />HELOC; (c) Borrower's action or inaction adversely affects the collateral for the HELOC or Lender's rights in the
<br />collateral including without limitation: (i) Borrower's failure to maintain the insurance required under Section 3 of
<br />this Security Instrument; (ii) Borrower's transfer of the Property as provided in Section 11 of this Security
<br />Instrument; (iii) Borrower's failure to maintain the Property or use of the Property in a destructive manner;
<br />(iv) Borrower's commission of waste of the Property; (v) Borrower's failure to pay taxes due on the Property or
<br />Borrower's failure to act such that a lien superior to Lender's lien is filed against the Property; (vi) the death of all
<br />Borrowers; (vii) the Property is taken by condemnation or eminent domain; (viii) a judgment is filed against
<br />Borrower that subjects the Property to action that adversely affects Lender's interest in the Property; (ix) the creation
<br />of a lien on the Property without Lender's permission; or (x) a superior lien holder forecloses on the Property such
<br />that Lender's interest in the Property is adversely affected.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />15. Acceleration: Remedies. Except as may be prohibited by Applicable Law, and subject to any advance notice
<br />and cure period if required by Applicable Law, if any event or condition described in Section 14 occurs, Lender may
<br />foreclose upon this Deed of Trust as a mortgage by judicial proceeding or sell the Premises pursuant to the power of
<br />sale conferred in this Deed of Trust. This means that Lender may arrange for the Premises to be sold, as provided by
<br />law, in order to pay off what Borrower owes on the Note and under this Deed of Trust. If the money Lender receives
<br />from the sale is not enough to pay off what Borrower owes Lender, Borrower will still owe Lender the difference,
<br />which Lender may seek to collect from Borrower in accordance with Applicable Law. In addition, Lender may, in
<br />accordance with Applicable Law, (i) enter on and take possession of the Premises; (ii) collect the rental payments,
<br />including over -due rental payments, directly from tenants; (iii) manage the Premises; and (iv) sign, cancel and change
<br />leases. Borrower agrees that the interest rate set forth in the Note will continue before and after a default, entry of a
<br />judgment and foreclosure. In addition, Lender shall be entitled to collect all reasonable fees and costs actually incurred
<br />by Lender in proceeding to foreclosure or trustee sale, including, but not limited to, reasonable attorneys fees and costs
<br />of documentary evidence, abstracts and title reports. If Beneficiary elects to sell Borrower's interest in the Premises by
<br />exercise of the power of sale herein contained, Beneficiary will notify Trustee in the manner then required by law.
<br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, Trustee will cause to be recorded,
<br />published and delivered such notices of default and notices of sale as may then be required by law and by this Deed of
<br />Trust. Trustee will, only at the direction of Beneficiary and without demand on Borrower, after such time as may then
<br />be required by law and after recordation of such notice of default and after notice of sale having been given as required
<br />by law, sell the Premises at the time and place of sale fixed by it in such notice of sale, either as a whole or in separate
<br />lots or parcels or items as Beneficiary deems expedient, and in such order as it may determine, at public auction to the
<br />NEBRASKA HELOC Deed of Trust
<br />IDS, Inc.
<br />Page 6 of 8
<br />201405295
<br />Borrower(s) Initials 73-1A6
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