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Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br /> governmet�tal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Y,aw � <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 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 farmaldehyde, 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-UIVIFORM 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 /> � v� , t�er, at lts aption, may require immediate payment in full of all sums secured by this Security Instrument without <br /> � p,d and may invQlue,the powe.�'of,sale and any other remerlies permitted by applicable law. L+eader shall be <br /> ' ` " o�co�ect a11��in�u�e+�t��iar�in�t�e remedies provided in this paragrap�.21,Including, but not lim�ted <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 'A <br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to I � <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 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 foHowir�g order: (a)to all costs and expenses of xercising the power of <br /> sale, and the sale, including the payment of the TrUstee's fees actually incurred, not to exceed �he f $5 0. 0 0 bf� 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 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 �s <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 x <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 /> 2�4. 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 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 /> � Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider <br /> �Balloon Rider 0 Rate Improvement Rider �Second Home Rider <br /> �V.A. Rider [�Other(s) [specify] ' <br /> Home Equity Access Line Rider <br /> _ _ _ <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: ,iJ <br /> X �� (Seal) <br /> J k S. Yl l -Borrower <br /> � X �[�l'�(.��C� ` �1� (Seal) <br /> Saridra S. Yil -sorr�,Wer <br /> (Seal) (Seal) <br /> -Borrower -Borrower <br /> STATE OF NEBRASKA, Hall County ss: <br /> The foregoing instrument was acknowledged before me this 2 6 th day of November , 1 9 9 9 , <br /> by Jack S. Yilk and Sandra S. Y�ilk;, husband and wife • <br /> Witness my hand and notarial seal at Grand ISland, �'I�Iebraska in said County, the date aforesaid. <br /> My Commission Expires: _�_t�'lLd� l�, �'S�D C L�—� <br /> ����� Notary Public <br /> f�L IqTARY,S�k d Nebt�ll3 <br /> p1ANA l.KELLO(i(3 <br /> , M�l(`,prtMll,F�,Ap1,iQ,2402 Page 4 of 4 Form 3028 9/90 <br /> .�. . . <br />