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200303181 <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances, or <br />threaten to to any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting [he Property (a) that is in violation of any Envucmrncr al Law, (b) which creates an Environmental <br />Condition, or (c) which, due t4 the presence, use, or release ofa Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not app%to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognize be approprime w normal residemial uses and to <br />maintenance of the Prorerty (including but not limited to, hazardous substances in consumer products). <br />Borrower sha I 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 />any spilling, leaking, discharge, release or threat of release at Hazardous Substance, and (c) mycondlnon caused by the <br />presence, use or release of Hazardous Substance which adversely affects the value of the Property. IfBorrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of my <br />Hazardous Substance affecting the Property 1s necessary, Burrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create an fu obligation on Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and lender rther 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 IB 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 Burrower, by which <br />the default must he 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 of the Property. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence of default or any other defense of Borrower to acceleration and sale. If the default is not cured error <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 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 Lawta Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale 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 the <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 Property 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 payment of the price bid, 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 (if the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising <br />the power of sale, and the sale, including the pa ment 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. Reconveyance. Upon payment a fall sums secured by this Security hutrumen4 Lender shall request Trustee to <br />re-co Ivey 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 to the person or persons legally entitled to lt. <br />Such person or persons shall pay any recordation costs. 1. endermaychargesuchpersonorpersonsafee orreconveyingthe <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of[he ffeeee 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 />lrusice to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyyance of the Property, the successor trustee shall succeed to all the title, powerand duties conferred <br />upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property Addreas. <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 />Witnesses: <br />fPJ a fi`O/>i2y5� 11 � (Seal) <br />Barrowcr Carlene J6 Headrick <br />mn_Pwl/ ) (Seal) <br />oFT"nower ary M garet McGowan <br />Borrower <br />(Seal) <br />(Seal) <br />NEBRASKA — Single Family— Fannic Mae/Freddie Mac UNIFORM INSTRUMENT Form30211 lair (page7of8pages) <br />9754.CV(1/02) 1667176 <br />G0TC(00W6e72) <br />