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200304903 <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Propary. Borrower shall no[ do, nor allow anyone also to do, <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 a 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, orsmraga on the Property <br />of small quantities of Hazardous Substances that are generally recognize be appropriate to normal residential uses and to <br />maintenance of the Property, (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptlygive Lender written notice of (a) any investig$ation, claim, demand, lawsuitor other action <br />by nnv vnvernmentsl or reeulatory auencv or orivate natty involvma the ProDeM and anv Hazardous Substance or <br />or threat of release <br />notified by any governmental or regulamry maturity, or any private arty, mar any removal or Omer re romauon many <br />Hazardous Substance affecting the Property is necessary, Borrower s all promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create an obligation on Lender far an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower 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) 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 won action to assert the <br />non- existence of a default or any other defense of Borrower to acceleration and sale. Ifthe 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 of sale is invoked, Trustee shall record a notice of default 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 Lawtu 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 of any previously <br />scheduled 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 <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising <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 />re- convey the Property end shall surrender this Security Instrument and all notes evidencing debt secured bythis Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person ur persons shall payany recordation costs. Lender may charge such person or persons a fee arreconveyingihe <br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe flee 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 c.no in which this Secretly Instrument is <br />recorded. Without conveyance oftha Propeny,the successor trustee shall succeed to all the title, power anddmies conferred <br />upon'1'rustea herein and by Applicable law. <br />25. Request for Notices. Borrower requests that copies at'the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security <br />Instrument and in any Rider executed by Borrower and recorded with it. <br />Witnesses: <br />A& (Seal) <br />Borrower Rodnd S. Harr s <br />n <br />Borrower Caresse M. Harms <br />(Seal) <br />Borrower <br />(Seal) <br />NEBRASKA — Single Family-- Faanie Mac /Freddie Mac UNIFORM INSTRUMENT Form1028 I/01(pae]ofSpgei) <br />9754,CV(1/02) 1684679 <br />cOTO(WOU284) <br />