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200301325 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any I lazardOma Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not a ply to the presence, use, or starage on the Property, of small quantities of Hazardous Substances that are generally recognize be appropriate to normal residential uses andto maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shat) promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or after action by any governmental or regulatory agency or private party involving the Property and any Ilazardous Substance or Environmental Law Of w has actual hich Borrower knowledge, (b) any Environmental Condition, includug but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused bythe presence, use or release ofa Hazardous Substance which adversely allects the value ofthe Property. IfBorrower leams, or is notified by M% governmental or regulatory authority, or any private party, that any removal or other remediation of my I lazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. 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 Section 18 unless Applicable Law provides otherwise). The notice shall 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 deft, oil 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 entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, 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 Properly 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 ofsale to the persons and in the manner prescribed by Applicable Law. Trustee, withoutdemand 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 therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses Of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment ofall sums secured by this Security Instrument, Lender shall request Trustee to re- convey 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 to the person or persons leggally entitled to it. Such person or persons shall pay any recordation costs. Lender may chargesuch person or persons a fee forreconveying the Property, but only ifthe tee is paid to a third parry (such as the Trustee) for services rendered and the charging ofthe fee is permitted under Applicable law. 24. 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 ofthe Property, the successor trustee shall succeed to all the title, power mid duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies ofthe notice of default and sale be sent to Burrower's address which is the Property Address. BY SIGNING BUILD W, Borrower accepts and agrees to the terms and covenants contained in this Security Inshumcnt and in any Rider executed by Borrower and recorded with it. Witnesses: real) o nv er Clifford W. Underwood p Borrower Sherrie S. Underwood (Seal) (Seal) Bonower NEBRASKA- Single Family — Fannie Mee /Freddie Mae I.NIFORMINSTRI:NTENT Form3028 1 /01 (pngr7oj8,rages) 9754 CV(lic) o4711M1 GOTD(00040a09)