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99 11176g
<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, t!�at
<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 im�r►ediate 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 shall mail copies of sucb 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 sball 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 the statements made therein.
<br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses o exercising the power of
<br /> sale, and the sale, including the payment of the Truste�'s fees aetually incurrQd, not to exceed th� f $5 0.0 0 0�/0 2$
<br /> of the principal amount of the note at the time of the declaration of default, and reasonable atto eys' fees as permitted
<br /> by law; (b) to all sums secared 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 mare 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 /> �Adjustable Rate Rider �Condominium Rider 0 1-4 Family Rider
<br /> �Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider
<br /> 0 Balloon Rider �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 ovenants contained in this Security Instrument and
<br /> � in any rider(s) executed by Borrower and recorded with it.
<br /> ' Witnesses: f �
<br /> Uf�
<br /> Kenneth W. HO}Jari -Borrower
<br /> �
<br /> (Seal)
<br /> anet B. HOb�ri -Borrower
<br /> (Seal) (Seal)
<br /> -Borrower -Borrower
<br /> STATE OF NEBRASKA, Hal l County ss:
<br /> The foregoing instrument was acknowledged before me this 1 2 th day of November , 1 9 9 9 ,
<br /> bY Kenneth W. Hoban and Janet B Hoban, husband and wife •
<br /> Witness my hand and notarial seal at Grand Island, Nebraska in said County, the date aforesaid.
<br /> My Commission Expires: 4/10 ��,,.��yd�� �,('�,.-�[L �L� ��1.L�7�
<br /> ��������(3 Notary Public
<br /> �,�y Cpnan.Exo•�'10,2�
<br /> D�....A..f A C��� �]f��f� ff/IfI�
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