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200304995 <br />Borrower ,hall not cause or ppermit the presence, use, disposal, storage, or release of my Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to du, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, orstorage on the Property <br />of small quantities of Hazardous Substances that are generally recognize be appropriate to normal resldential uses and to <br />maintenance of the Proporty (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give lender written notice of (a) any investigation, claim, demand, lawsuit orotheraction <br />by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or <br />presence, use or release ofa Hazardous Substance which adversely affects the value ofthe Property. IfBorrower 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 Environmental law. Nothing herem shall create any obligation on Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower slid 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) a date, not less than 30 days from the date the notice is given to Borrower by which <br />the default must be 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 ofa default or any other defense of Borrower to acceleration and sale. If the default is 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 ofsale is invoked, Trustee shall record a notice ofdefault 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 Lowto 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 ofany previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <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 (c) any <br />excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument. Lender shall requestTmstee 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 />Suchperson orpersonssha'I pay any recordation costs. lender may charge such person or persons a fee forreconveyin the <br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee 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 my'i't -stes appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />"'.,itvd. Withont'my.yonce ofthe Property,' he successor trustee shall succeed to all the title, poweranddones conferred <br />upon Trustee herein and by Applicable law. <br />25. Request for Notices. Burrower requests that copies ofthc notice ofdefault and sale he sent to Borrower's <br />address which is the Property Address. <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 />l (Seal) <br />Bornowc,'David A Green <br />/Ui/Q _ l <br />wn (Seal) <br />Borrower Ellen I Nelson -Green <br />Bonower <br />Borrower <br />(Seal) <br />(Seal) <br />N EBRASKA—nrgle Fmmily— Fannie Mae /Freddie Max UN IF'ORM INS[ F'orm7028 INI (pagr7oj8yages) <br />9754.CV(1/02) 1684190 <br />COTO(0004cn 1) <br />