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<br /> Borrower shall promptly give Lender written nodcc af any invesdgadon, 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 othcr 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 /> �onower sha11 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 requircd plan), ezpenses 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 khe 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" aze those substances defined as toxic or hazardous substances
<br /> by Environmental I.aw and the following substances: gasoline, kerosene, other flanunable or toxic petroleum products,
<br /> tozic pesdcides and herbicides, voladle 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 jurisdicdon where
<br /> the Property is located that relate to health, safety or environmental protecdon.
<br /> �1. Acccleradon; Rcm�dies. Lender shall give notice to Borrower prior to acceleration following Bonower's
<br /> breach of any covenant or agreement in this Security Instnunent (but not prior to acceleration under paragraph 17
<br /> unless applicable law provides otherwise). The notice shall specify: (a) khe default; (b) the acdon required to cure the
<br /> default; (c) 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 acceleradon
<br /> of thc sums secured by this Security Inskrument and sale of the Property. The nodce shall further inform Bonower
<br /> of the right to reinstate after acceleradon 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 We date specified in the
<br /> nodcc, I.ender at its opdon may require immediate payment in full of all sums secured by tbis Security Instrument
<br /> without fiirther demand and may invoke the power of sale and any other remedies permitted by applicable law. I.ender
<br /> shall be cntitled to collect all expenses incuned in pursuin,g the remedies provided in this paragraph 21,including, but
<br /> not lim.ited to, reasanable attoraeys' fees and costs of tide evidence.
<br /> If thc power of sale is invokcd, Trustee shall record a nodce of default in each county in which any part of the
<br /> Property is located and shall mail copies of such nodce in the manner prescribed by applicable law to Bonower and
<br /> to the other persons prescribed by applicable law. After the time required by applicable law,Trustee shall give public
<br /> nodce 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 lughest bidder at the time and place and under the terms designated
<br /> in the nodce 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. I.ender
<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 sball be prima facie evidence of the truth of the statements made therein.
<br /> Tivstee 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 limitadon, the payment of the Trustee's fees actually incurred, and reasonable
<br /> attorneys' fees as pernutted by law;(b) to all sums secured by this Security Instrument; and (c) any excess to the person
<br /> or persons legally endtled to it.
<br /> 22. R�eccanveya�e. 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 witlwut warranty to the person or persons legally
<br /> entided thereto. Such person or persons shall pay all forwarding fees imposed by Lender, reconveyance fees imposed
<br /> by Trustee, and all costs reladng to the recordation of the reconveyance of this Security Instrument.
<br /> 23. Substitutc Tru�toe. Lencier may, from time to time, by instrument in writing, substitute a successor or
<br /> successors to any Trustee named in the Security Instrument or acdng 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 subsdtution 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 mal�ing of oath or giving of bond by Trustee or any successor Trustee
<br /> is hereby waived by Borrower.
<br /> ?.a. Roquest for Notices. Borrower requests that copies of the nodces of default and sale be sent to Bonower's
<br /> address which is the Property Address.
<br /> 25. Stateonent of Obligation Fee. I,ender may collect a fee equal to the maximum amount as may &om 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 regazding the condition of or balance owing under the Note or secured by this Security Instrument.
<br /> 26• Ad,justable 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. Offacts. No indcbtedness 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 Bonower (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 L.endex.
<br /> 28. Misrepresentation and Nondisclosure. Borrower has made certain written representadons and disclosures in
<br /> order to induce Lender to make the loan evidenced by the Note or notes which tb.is Security Instrument secures, and i
<br /> in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender,
<br /> NEBRASitA ARIt P�tUG�tANB (REV. 0315►�
<br /> n�,w.r sy.u�,mo.c000>��-i�x Pagc 5 of 7
<br /> Bortower Initials � � ��� �I L�
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