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Borrower shall not cause or permit me press
<br />threaten to release any Hazardous Substances, on or
<br />anything affecting the Property (a) that is in violati
<br />Condition, or, (e) which, due to the presences use, or
<br />1 to, h;
<br />notice
<br />any governmental or regulatory agency or
<br />200305520
<br />which creates an Environmental
<br />creates a condition that adversely
<br />:nce, use, orstor�ge on the Property
<br />rte to normal residential uses and m
<br />,esti66ration, claim, demand, lawsuit or other action
<br />the Prooerty and any Hazardous Substance or
<br />any spuung, leaxmg, alsenarge, release a a rhea, m I — vw r. o..o,.... .— 'I, w•r ----z --
<br />presence, use or release of Hazardous Substance which adversely affects the value of the 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. Nothingherein shall create any obligation on Lender for 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 1S 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 />farther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non - existence of a 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 y i power of sale h shall so it c Trustee shall record a notice of default in each county In which any part er of
<br />the Propertyislocated andshall mailcopiesicable notice inthe manner prescribed by Applicable Lawns Borrower
<br />and to the other persons prescribed by Applicable Law. r p After s the time required by Applicable Law, Trustee shall
<br />give public notice of salehe Pr persons and li the manner prescribed by Applicable Law. Trustee, without demand
<br />to Borrower, shall sell no Property i public auction to the highest bidderer the ste time and place and under the
<br />terms ne sale of all l the notice el sale in one or more parcels and in any order Trustee determines. Trustee may
<br />postpone sale ofae or any parcel of the Property by public announcement sa the time and place of any previously
<br />scheduled sale. Lender pits designee may purchase the Property ve any sale. or
<br />Upon receipt ofpayment rusepricebid,Trusteeshall deliverto the purchaser Trustee's deedconveying
<br />the Property. The recitals in the Trustee's deed shall be prima tinge evidence to all truthnd ex statements made
<br />therein. r Trustee
<br />sale, shall nd the apply ale proceeds
<br />in ce ding the sale payment fallowing stee s fees actually incurred expenses reasonable
<br />the power fees 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. Reconveyanee. Upon payment of all sums secured by this Security ]nsnumem, Lender shall requestTrustcem
<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 m the person or persons legally entitled to it.
<br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee forreconveyingthe
<br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the 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 any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded. Without conveyyance of the Property, the successor trustee shall succeed to all the title, power and dudes conferred
<br />upon Trustee herein and by Applicable Law.
<br />25. Request for Notices. Borrower requests that copies of 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 terms and covenants contained in this Security
<br />Instrument and in any Rider executed by Borrower and recorded with it.
<br />Witnesses:
<br />6 j,, j 1,4 Z-4Z , (Seal)
<br />Borrower Jan S. Markham
<br />L �
<br />(Seal)
<br />B6rt3wer Susan E. Markham
<br />(Seal)
<br />(Seal)
<br />NEBRASKA - Single Family- Fvnnie MaeTreaaie Mac UNIFORM INSTRUMENT F-orm3028 lint (pnge) fRpageU
<br />9754_CV(1107) 1689921
<br />G TO(0004elx)
<br />
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