|
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 Borrower 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 rhis paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br /> Environmenraf Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br /> pesticides and herbicides, volatile solvents, materials contair.ing asbestos or formaldehyde, and radioactive materials. As used in � �
<br /> this para��raph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that CD
<br /> relate t��health, safety or environmental protection.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: Fr
<br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach Q
<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 aft�,,�c.eleration and the right to bring a court action to assert the non-existence of a default or any other
<br /> defense of Borrower to acceteration and sale. If the default is not cured on or before the date specified in the notice,
<br /> Leuder, 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 tbis 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 sball 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 tbe 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 higbest 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 a❑ 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 th8 > Of 5�.��0( Zf2 qo
<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 tbe 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. SubStitt�te Trustee. Lender; at its option, may from time to time remove Trustee and appoint a successor trustee to
<br /> any Tr-ustee 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 tbis 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 the rider(s) were a part of this Security Instrument.
<br /> [Check applicable box(es)]
<br /> 0 Adjustable Rate Rider �Condominium Rider � 1-4 Family Rider
<br /> �Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider
<br /> �Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider
<br /> 0 V.A. Rider [�]Other(s) [specify] �
<br /> HOME EQUITY LINE OF CREDIT RIDER
<br /> BY SIGNING BELOW, Borrowe►�accepts and agrees to the terms and covenants contained in this Security Instrument and
<br /> in any rider(s) executed by Borrower and reco�ded with it.
<br /> Witnesses: .
<br /> X (Seal)
<br /> -Borrower
<br /> ' Edward A . Dingwerth
<br /> X ��..�
<br /> (Seal)
<br /> � -Borrower
<br /> Shirley J. Dingwert
<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 3 r d day of S e p t e m b e r , 19 9 9 '
<br /> byEdward A . Dingwerth and Shirley J. Dingwerth, husband and wife �
<br /> Witness my hand and notarial seal at G r a n d I s 1 a n d , N e . in said County, the dace aforesaid.
<br /> � _
<br /> My Commission Expires: �:---�-.....,, -�
<br /> ��fRA!MOIARP- ocary Public
<br /> ' D e c e m b e r 2 3, 2 0 0 0 State ol Nebntka
<br /> YICK!GO�TI
<br /> . MY Comm.Exp.Dec.23,
<br /> a f a Form 3028 9/90
<br />
|