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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) <br />