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200302551
<br />r " ower snau no' cause or pernurme presence, use, ulsposay storage, or ne lease m any ttazarruns auosances, or
<br />threaten to release any I lazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anydling effecting the Properly (a) that is in violation of any Envlronutenlal Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of I lazardous Substance, creates a condition that adversely
<br />ti f,cts the value ofthe Property. The preceding two sentences- shall not apply to the presence, use, or storage on the Property
<br />ofsmall quantities of[ lazardous Substances that are generally recognize be appropriate to normal residential uses and to
<br />maintenance ofthe Property (including, but not limited to, hazardous substances consumer products).
<br />Borrower shall es 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 Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />anyspilling, leaking, discllargc, re cascor Ihrcal ofreleasc nfany Hazardous Substance, and (c) any condition caused by the
<br />presence, use or release ofa Hazardous Substance which adversely affects the value ofthe Property. If Borrower (cams, or is
<br />notifed by any govcmemenlal or regulaory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, But shall promptly take all neressary remedial actions in
<br />accordance with Environmental l aw_ Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM 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 nfany 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, by which
<br />the default must be cured; and (d) that fatlm'e to cure the default on or before the dale specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br />fart ber inform Borrower ofthe right to reinstate after acceleration and the, ight to bring a court action to assert the
<br />non- c.,klence of a default or any other defense of Borrower to acceleration and sale. If the 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 (his 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 it
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower
<br />and to the other persons prescribed by Applicable I aw. After the time required by Applicable Law, Trustee shall
<br />give public notice ofsale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand
<br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under flue
<br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may
<br />postpone sale of all or any parcel of the Properly by public announcement at the time and place of any previously
<br />scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of pavement ofthe price hid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made
<br />therein. Tres lee shall apply the proceeds ofthe sale in the following order: (a) to all costs and expenses ofexereising
<br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable
<br />allorneYs' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any
<br />excess to the pparson or persons legally entitled to it.
<br />23. Reeonvey ance. I l poll psymen t ofal l sums secured by this Security Instrument, Leader shal l request Trustee to
<br />re- convey the Property and shall surrender this Security Instrument and a] I notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall recunvcy the Property without warranty to the person or persons leggally entitled to it.
<br />Such person or persons shall payary recordation costs. Tender may charge such person or persons a fee fcrreconveying the
<br />Property, but rally if the Ice is paid to a third party (.such as the "Trustee) for services rendered and the charging ofil e fee is
<br />permitted under Applicable Law,
<br />24. Substitute Tr ustee. I ender, at its option, may from time to tittle remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred
<br />upon 'I rustee herein and by Applicable Law.
<br />25. Request for Natives. Bmrmwcr requests that copies of the notice of default and sale be sent to Bunui ver's
<br />address which is the Property Address.
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Solemn_,
<br />Instrument and in any Rider executed by Borrower and recordedmth A
<br />Witnesses: &L, f) )f (Seal)
<br />ordon
<br />(Seal)
<br />Bonowcr Colleen K. O'Neill
<br />Borrower
<br />(Seal)
<br />(Seal)
<br />NEBuASKA--Singlc family— Fannie Mae /Freddie .Mac UNIFORM INSTRUMENT Fonn3028 I /01 ( ➢nge7of8pnge0
<br />9159. C'V(1 /02) 1658517
<br />G,II O(0001;1, 10
<br />
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