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99 10814� <br /> Borrower shall promptly give Lender written�notice of any investigation, claim, demand, lawsuit or other action by��ny ' • <br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law <br /> �. of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br /> � � any ren�oval or other remediation of any Hazardous Substance affecting the Properry is necessary, Borrower shall promptly take <br /> all necessary remedial actions in accardance 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 ar 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 defautt; <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 tbe notice may result in acceleration of the sums <br /> secured by this Security Instrument and sale of the Property. Tbe 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. ff the default is not cured on or before tbe 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 the remedies provided in this paragraph 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 tbe 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 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 of <br /> sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed thE > Of 50.�0 0� 1/2 % <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 Properry, the successar 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 /> whicl�is the Property Address. <br /> �5. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br /> Secur�ty 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 the rider(s) were a part of this Security Instrument. <br /> [Check applicable box(es)] <br /> �Adjustable Rate Rider �Condominium Rider � 1-4 Family Rider <br /> 0 Graduated Payment Rider �Planned Unit Development Rider �Biweekly Payment Rider <br /> 0 Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider <br /> �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 /> XrTitChell R, - Sadd -Borrower <br /> �`— (Seal) <br /> n S a 11 y . S a d d -Borrower <br /> (Seal) " (Seal) <br /> -Borrower -Borrower <br /> STATE OF NEBRASKA, County ss• H a 11 <br /> The foregoing instrument was acknowledged before me this 2 2 n d day of J u 1 y , 19 9 9 <br /> bY Mitchell R. and Sally S . Sadd, husband and wife . <br /> Witness my hand and notarial seal at G r a n d I s 1 a n d, N in said Co ty, t date aforesaid. <br /> My Commission Expires: <br /> . �.�..� <br /> 6ENERAI NOTARYSWe of Nebr� bl'° <br /> M a y 5 , 2 0 O 1 � PATRICU SCH <br /> � � <br /> _M1►Cmnm.ERp.l�r . �_...,�zn28 si4n <br />