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Borrower shall not cause or permit the presence, use, threaten to release any Hazmdous Substances, on or in the Pr anything affecting the Property (a) that is in violation of an} Condition, or (c) which, due to the presence, use, or release a affects the value of the Property. 'the preceding two sentences of small quantities of Hazardous Substances that are generally maintenance of the Property (including, but not limited to, ha: Borrower shall promptly give Lender written notice c by any governmental or regulatory agency or private party 200303732 disposal, storage, or release ofany Hazardous Substances, or aperty. Borrower shall not do, nor allow anyone else to do, Environmental Law, (b) which creates an Environmental fa Hazardous Substance, creates a condition that adversely shall not apply to the presence, use, or storage on the Property ecognize to be appropriate to normal residential uses and to the rtlter action ,stance or anyspilling, leaking, discharge, release or threat ofrelease ofany Hazardous Substance, and (c) any condition caused bythe presence, use or release ofa Hazardous Substance which adversely affects the value ofthe Property. IfBorrower leams, or is notified by any governmental or regulatory authority, or any private patty, that any removal or other remediation ofany Hazardous Substance affecting the Property 1s necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental law. Nothing herein shall create an obligationon Lender form Environmental Cleanup. NON - UNIFORM COVENANTS. Horrower 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 aMement 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 BB 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 ofa default or any other defense of Borrower to acceleration and sale. Ifthe 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 he 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. Ifthe power ofsale is invoked, Trustee shall record a notice ofdef lull in each county in which any part of the Property is located and shall mail copies ofsuch notice in the manner prescribed by Applicable Lawto 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 pprescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to [he 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 ofall or any parcel ofthe Property by public announcement at the time and place ofany previously scheduled sale. Lender or its designee may purchase the Pro perty at any sale. Upon receipt of payment ofthe 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 ofthe sale in the following order: (a) to all costs and expenses ofexercising 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 in 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 le ally entitled to it. Such person or persons shall pay my recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the chug ing ofthe fce is permitted under Applicable Law. 24. Substitute Trustee. Gander, 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 conveyyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies ofthe notice ofdefault and sale be sentto Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: al'� &,L (Seal) Borrower William S. Barker ""I Oy(yI J)WAKL ` (Seal) BoNowerfNancy J. arker Borrower (Seal) (Seal) NEBRASKA — Single Family -- Fannie MnTreddie Mae UNIFORM INSTRUMENT Form3028 Let /page7,f8,, 9754.CV(1/02) 1672195 GOT(XW04916)