|
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
<br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
<br /> of which Barrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
<br />' any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
<br /> all necessary remedial actions in accordance with Environmental Law.
<br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
<br /> this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
<br /> relate to health, safety or environmental protection.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach�
<br /> of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless�
<br /> applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; �
<br /> (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and�
<br /> (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums �
<br /> secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to�
<br /> reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other�
<br /> defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,�
<br /> Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without
<br /> further demand 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 tbe remedies provided in this paragrapb 21, including, but not limited
<br /> 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 to
<br /> the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice
<br /> of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell
<br /> the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of
<br /> sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br /> Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may
<br /> 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 tbe statements made therein.
<br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of xercising the power of
<br /> sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed the�o f$5 0. 0 0 or 2%
<br /> of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted
<br /> by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to
<br /> it.
<br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br /> reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br /> Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally
<br /> entitled to it. Such person or persons shall pay any recordation costs.
<br /> 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
<br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without
<br /> conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein
<br /> and by applicable law.
<br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address
<br /> which is the Property Address.
<br /> 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
<br /> Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
<br /> the covenants and agreements of this Security Instrument as if Che rider(s) were a part of this Security Instrument.
<br /> [Check applicable box(es)]
<br /> �Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider
<br /> �Graduated Payment Rider �Planned Unit Development Rider 0 Biweekl y Pa yment Rider
<br /> 0 Ba l loon Ri der 0 Rate Im rovement Rider
<br /> P 0 Second Home Rider
<br /> 0 V.A. Rider 0 Other(s) [specify]
<br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
<br /> in any rider(s)executed by Borrower and recorded with it.
<br /> Witnesses: � � �
<br /> (Seal)
<br /> Do glas D. W111C�I@Y' -Borrower
<br /> X � � �t' '��
<br /> (Seal)
<br /> Wanda K. W1riC12I' -Borrower
<br /> (Seal) (Seal)
<br /> -Borrower -Borrower
<br /> STATE OF NEBRASKA, County ss: Hall �
<br /> The foregoing instrument was acknowledged before me this 5 th day of Apr i 1 ,1 9 9 9
<br /> bYDouglas D. Winder and Wanda K. Winder, husband and wife
<br /> Witness my hand and notarial seal at Grand Island, NE in said County, the date aforesaid.
<br /> My C.ommission Expires: �,� �, `, � � '�
<br /> , Notary Public
<br /> � ����
<br /> � �U� L��Q
<br /> Yu P_www t... ��. •e .lnw'., n,.s e - ---- - _- _
<br />
|