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20030112E <br />Borrower shall not cause or permit the presence. use, disposal, storage, ar release ofany I laezrdous Substances, or <br />threaten to release wry Hazardous Substances, on or in dhe Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) the[ is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release ofa Hazardous Substance, creates a condition that adversely <br />affects the value afthe Property. The preceding two sentences shall not apply m the presence, use, or storage on the Property <br />ofsmall quanntiex oCHazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance ofthe Pro�erty (including, but not limited to, hazardous substances m consumer products). <br />Borrower she 1 promptly give Lender written notice of(a) any investigation, 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 I aw of which Borrower has actual knowledge, (b) any Environmental Condition, mcluding but not limited to, <br />any spilling, leaking, discharge, release or threat of re lease ofany I Iazardous Substance, and (c) any condition caused by Ole <br />presence, use or release ofa Hazardous Substance which adversely affects the value ofthe Property. IfBorrower learns, or is <br />nitified by any governmental or regulatory authority, or any private party, that any removal or other remediatien of any <br />Hazardous Substance, affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental new. Nothing herein shall create any ahIigation on Lender for an Environmental Cleanup. <br />NON- IINIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, bywhich <br />the default most be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale ofthe Property. The notice shall <br />further inform Borrower ofthe right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence ofa default or any other defense of Borrower to acceleration and sale. Ifthe default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums <br />secured by this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence <br />If the power of sale h invoked, Trustee shall record a notice of default in each county in which any part er of <br />the Properly is located and shall mail copies ofsuch notice in the manner prescribed by placable Law, Tr Borrower <br />and public notice ofsale to the persons Applicable Law. <br />rpAfter <br />scri time required by Applicable LSw,Trusteeshall <br />give Borrower, r, shall of sole he the perry a and in the manner prescribed by Applicable Law. Trustee, without demand the <br />to Borrower, shall sell the Property at public more to the highest bidderer the ste time and place and under the <br />terms designated in the notice el sale in one rt mare parcds and in any order Trustee determines. Trustee may <br />postpone sole ofall or any parcel of Property by public announcement at the time and place ofany previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the 'frustec's deed shall be prima facie evidence of the truth ofthe statements made <br />therein. Trustee shall apply the proceeds of the sole in the following order: (a) to all costs and expenses ofexercising <br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable <br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />23. Re conveyance. Upon payment of all sums secured by this Security lastmment, lender shall requestTrustee to <br />re- convey the Property mud shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. "Ir115tee shall reconvey the Property without warranty to due person or persons legally entitled to it. <br />Such person or persons shall pay my recordation costs. Lcndernaychargesuch person orpersons a ice forreconveyingthe <br />Property, but only it the fee is paid to u third party(such as the'rrustee) for services rendered and the charging ofthe fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Tnrsta: appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without coneyance ofthe Property, the successor trustee shall succeed to all the title, power and dirties conferred <br />upon Trustee herein and by Applicable Law_ <br />25. Request for Notices. Borrower requests that copies ofthe notice of de fault and sale be sent to Borrower's <br />address which is the Property Address. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any Rider executed by Borrower and recorded with it. <br />L <br />Bonoxer <br />(Seal) <br />(Seal) <br />(Scull <br />(Seal) <br />NEBRASKA - Single Family— Fannie Mae /Freddie Mac UNIFORMINSTRIIMENT Form3028 1/01 (page 9 of8 pages) <br />9"I54CV(1 /02) IfiT1r11 <br />GOT00003f]32) <br />