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<br />rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and
<br />liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
<br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender.
<br />11. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 11, "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
<br />interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent
<br />of which is the transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred without Lender's prior
<br />written consent, Lender may require immediate payment in full of the Secured Indebtedness.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is given within which Borrower must pay the Secured
<br />Indebtedness in full. If Borrower fails to pay the Secured Indebtedness in full prior to the expiration of this period,
<br />Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Borrower.
<br />12. Hazardous Substances. As used in this Section 12: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental
<br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as
<br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute
<br />to, or otherwise trigger an Environmental Cleanup.
<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, or allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) that creates an
<br />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 />NEBRASKA HELOC Deed of Trust with MERS
<br />Page 6 of 9
<br />IDS, Inc. - 39409
<br />Borrower(s) Initials -N-/Z7
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