|
201808024
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to
<br />do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, 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 presence,
<br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
<br />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 Substance,
<br />and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the
<br />value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
<br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
<br />Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein
<br />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 acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under Section 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the
<br />Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to
<br />bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration
<br />and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may
<br />require immediate payment in full of all sums secured by this Security Instrument without further demand
<br />and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not
<br />limited to, reasonable 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
<br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order
<br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at
<br />the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any
<br />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 Trustee's deed shall be prima facie evidence 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 of
<br />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 this Security Instrument;
<br />and (c) any excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />to re -convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />FHA Nebraska Deed of Trust with MERS 1/2015
<br />Page 11of12
<br />IDS, Inc. - 59482
<br />Iv LI P1I llI
<br />Borrower(s) Initials J'.) fl ,4
<br />
|