|
200304601
<br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
<br />.cans a condition that can cause, contribute III otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, of release of any Hazardous Substances, of
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone Else to do,
<br />anything affecting the Property (a) that is in violation of any Eavirocuramal Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition drat adversely
<br />attecls the value of the Property. The preceding two sentences shall not apply to the presence, use, marriage, on the Property
<br />of small qu ralities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not Bruited to, hazardous substances in consmner products).
<br />Borrower shall promptly give Lender written notice of (a) my investigation, claim, demand, lawsuit mother action by
<br />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 />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environments] Law. Nothing herein shall create any obligation on Leader for an Envimmmmnarl Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Leader further covrnwrt and agree as follows;
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 1S
<br />unless Applicable Law provides otherwise). 'the notice shall specify: (a) The default; (b) the action required to care the
<br />default; (c) a date, not less than 311 days from the date the notice is given to Borrower, by which the default most be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of
<br />the sums seemed by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of
<br />the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or
<br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the
<br />notice, Lender at IN option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br />Lender shall be entitled to collect all expenses incurred in pursuing the rcmelics provided in this Section 22,
<br />including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />B the power of sale is invoked, Trustee shall record a notice of default In each county in which any part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and
<br />to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms
<br />designated in the notice of sale in one or rune parcels and in any order Trustee determines. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled
<br />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 the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power
<br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
<br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument, and (c) any excess to the person or
<br />persons legally entitled to it.
<br />23. Reconveyance. Upon payment of all suns secured by this Security Instrument, Lender shall request Trustee to
<br />TEE. vcy the Property and shall surrender this Security banuarent and all notes evidencing debt seemed by this Security
<br />Instrument to Trostre. Trustee shall reconvey the Property without warranty to the person or persons legally entitlal to it.
<br />Such person or persons shall pay any ra urdation costs. Leader may charge such person or persons a fee for reconveying the
<br />Property, but only if the tee is paid to a third party (such as the Trust.) for services rendered mid the charging of the fee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at id optimc, may from time to time remove Trustee and appoint a successor tntstee to
<br />wry Trustee appointed hereunder by an instrument recorded in the comity in which this Security Instrument is recorded.
<br />NEBRASKA— Single Family — Flank MadF ®ddie Mec UNIFORM INSTRIIMRNT Form 3028 1/01
<br />EoEAT Wso
<br />ITEM 191 &1n W11) (Pag[]00111 poge.vJ To owes Gi i1NoEX 93U 0 Fax 61x 7 919 191
<br />
|