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99 111997 : Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in �'�� _ this paragraph 20, 'Bnvironmental Law° means federal laws and laws of the jurisdiction where the Property is located that �. _ relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shail specify: (a) the default; (b) the action required to cure the default; � (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 (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, ? Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be t � entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited : to, reasonable attorneys' fees and costs of title evidence. � If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the ' Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. _ Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the _ Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses o exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceedthe o f $5 0.0 0 or%1 /2$ of the principal amount of tbe note at the time of the declaration of default, and reasonable att neys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement ? the covenants and agreements of this Secur�ty Instrument as if the rider(s) were�a part of this Security Instrument. [Check applicable box(es)] 0 Adjustable Rate Rider �Condominium Rider � 1-4 Family Rider �Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider 0 Balloon Rider 0 Rate Improvement Rider � Second Home Rider 0 V.A. Rider 0 Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants containe ' t Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ' (Seal) : y M0111k -Borrower ^ __... _ � f Seal) Theresa A. MOZZa�C -Borrower aka Theresa Ann Mollak . (Seal) (Seal) ' � -Borrower -Borrower STATE OF NEBRASKA, Hall County ss: The foregoing instrument was acknowledged befare me this 27th day of OetOber , 1 999 byCory W. Mollak and Theresa A. Mollak aka Theresa Ann Mollak, husbanc3 and Wimess my hand and notarial seal at Grand Island, Neb Ska in � County e date af esaidw'ife e My Commission Expires: 10/7/2 0 0 0 ,�,�= No�a�y „bi;� Karen A. Bor � 6ENERAI NO�ARY•S1ate ot NeDaska II � KAREN A.90RTt.�M ' � � IAy Cbmm•fxP•��W� Page 4 nf 4 Form 3028 9/90