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Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental
<br />or regulatory authority, 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 />Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers,
<br />employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands,
<br />causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or
<br />necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure,
<br />abatement, containment, remedial or other required plan), expenses and liability directly or indirectly arising out of
<br />or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or
<br />presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any
<br />Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims.
<br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection.
<br />21. 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 under paragraph 17
<br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (e) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration
<br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower
<br />of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default
<br />or any defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the
<br />notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender
<br />shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but
<br />not 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 the
<br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and
<br />to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public
<br />notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender
<br />or its designee may purchase the 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 therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power
<br />of sale, and the sale, including, without limitation, the payment of the Trustee's fees actually incurred, and reasonable
<br />attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person
<br />or persons legally entitled to it.
<br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />to reconvey the Property and shall surrender this Security Instrument, the Note and all other notes secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally
<br />entitled thereto. Such person or persons shall pay all forwarding fees imposed by Lender, reconveyance fees imposed
<br />by Trustee, and all costs relating to the recordation of the reconveyance of this Security Instrument.
<br />23. Substitute Trustee. Lender may, from time to time, by instrument in writing, substitute a successor or
<br />successors to any Trustee named in the Security Instrument or acting thereunder. Such instrument shall be executed
<br />and acknowledged by Lender and recorded in the office of the recorder of the county or counties where the Property
<br />is situated and shall be conclusive proof of the proper substitution of such successor Trustee or Trustees. Such
<br />successor Trustee or Trustees shall, without conveyance from the predecessor Trustee, succeed to all its title, estate,
<br />rights, powers and duties. The procedure herein provided for substitution of Trustees shall not be exclusive of other
<br />provisions for substitution permitted by law. The making of oath or giving of bond by Trustee or any successor Trustee
<br />is hereby waived by Borrower.
<br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />25. Statement of Obligation Fee. Lender may collect a fee equal to the maximum amount as may from time to
<br />time be allowed by law for furnishing any statement of obligation, beneficiary's statement, beneficiary's demand or any
<br />other statement regarding the condition of or balance owing under the Note or secured by this Security Instrument.
<br />26. Adjustable Interest Rate. The Note contains provisions which provide for increases and decreases in the
<br />interest rate and monthly payments. These provisions are incorporated herein by this reference.
<br />27. Offsets. No indebtedness secured by this Security Instrument shall be deemed to have been offset or to be
<br />offset or compensated by all or part of any claim, cause of action, counterclaim or crossclaim, whether liquidated or
<br />unliquidated, which Borrower (or, subject to paragraph 17 of this Security Instrument, any successor to Borrower) now
<br />or hereafter may have or may claim to have against Lender.
<br />28. Misrepresentation and Nondisclosure. Borrower has made certain written representations and disclosures in
<br />order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and
<br />in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender,
<br />NEBRASKA ARM PROGRAMS (REV. 03/97)
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<br />Borrower Initials 1A
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