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99 111336 <br /> 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, tha:� <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, "Haaardous 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, "Enviroumental 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 tbis Security Instrument (but not prior to acceleration under paragraph 17 unless <br /> applicable law provides otherwise). Tbe 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 not�ice 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. 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. 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 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 Borr��wer 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 tbe manner prescribed by applicable law. Trustee, witbout 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 Tr�stee 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 purcbaser 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 exceec��e > Of 50.��Of 1�2 °>o <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 Properry without warranty and without charge to the person or persons legally <br /> e��titled 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 InstrumenC, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement <br /> the covenants and agreements of this Securiry Instrument as if the rider(s) were a part of this Security Instrument. <br /> [Check applicable box(es)] <br /> � Adjustable Rate Rider �Condominium Rider 0 ]-4 Family Rider <br /> � � Graduated Payment Rider � �Planned Unit Development Rider 0 Biweekly Payment Rider <br /> �Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider <br /> �V.A. Rider �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: �j , <br /> � � ' 1.�1.C. "' �G � (Seal) <br /> Ronald L. SChW10geT -Borrower <br /> .� <br /> X [�1�(1 . � �' /�'�'.1��_(Seal) <br /> Dorothy R. SchwlegeY -Borrower <br /> (Seal) (Seal) <br /> -Borrower -Borrower <br /> � <br /> STATE OF NEBRASKA, County ss: Ha 11 <br /> The foregoing instrument was acknowledged before me this 2 5 day of 0 c t o b e r, 19 9 9 , <br /> by Ronald L. and Dorothy R. Schwieger , husband ax�d wife <br /> Witness my hand and notarial seal at G r and I s land , Ne . �����=��� in said County, the date aforesaid. <br /> F� <br /> My Commission Expires: <br /> D e c. 2 3, 2 0 0 0 ��� �FNERA!HpTqRy.s�ate o!Ne6iaska otary Public <br /> MYCommr fxp.D�23.20Q0. , . <br />'� �___ .,,,.,o �,�.. <br />