200304989
<br />fence, use, disposal, storage, sa release of my Hazardous Substances, or
<br />r in the Property. Borrower shall not do, nor allow anyone else to do,
<br />ion of any Environmental law, (b) which creates an Environmental
<br />r release of Hazardous Substance, creates a condition that adversely
<br />sentences shall not aooly to the presence, use, or storage on the Property
<br />maintenance of the Property (including but not limited to, hazmdous substances in consumer products).
<br />Borrower sha 1 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 />any spilling, leaking, discharge, release or threat of release of any I lazardous Substance, and (c) any condition caused by the
<br />presence, use or release of Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by mry 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 a all promptly lake all necessary remedial actions in
<br />accordance with Environmental law. Nothing herein shall create anyobligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Brim ver 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 of any 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) adate, not less than 30 days from the date the notice is given to Bornewegbywhich
<br />the default must be cured; an (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 />non - existence ofa default or any other defense of Borrower to acceleration and sale. Ilthe default k 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 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 tlefault in each county in which any part of
<br />the Property is located and shall mail copies ofsuch notice in the manner prescribed by Applicable Law to 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. Truslee,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 ofthe 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 ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall he prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds ofthe sale in the following order: (a)to all costs and expenses ofexescising
<br />the power of sale, and the sale, including the payment 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 (e) any
<br />excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment ofall sums secured by this Security Instrument, lender shall request Trustee to
<br />re- convey 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 leggally entitled to it.
<br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee forreconveyingg the
<br />Property, but only tithe fee is paid m a third party (such as the Trustee) for services rendered and the charging ofthe (ee 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 />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 Trustee herein and by Applicable law.
<br />25. Request for Notices. Borrower requests that copies ofthe notice of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />BY SIGNING BELOW, Burrower tecepts 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 />1 ,
<br />(Seal)
<br />Bonower
<br />(Seal)
<br />Borrower
<br />(Seal)
<br />NEBRASKA — Single Fanuly -- Fannie vl. Freddie Mae UNIFORM INSTRUMENT Form 3028 tlm (panel f8 pages)
<br />4754 ( V (1/02) 168e658
<br />G0T((0W4daz8)
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