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200305989 Borrower shall not cause or permit the presence, use, disposal, storage, or release of my I lazardous Substances, or to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, affecting the Property (a) that is in violation of any Environmental law, (b) which creates an Environmental n, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely e value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property Borrower shat l promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action any governmental or regulatory agency or private party involving the Property and any Ilazardous Substance or /ironmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the Bence_ use or release of Hazardous Substance which adversely aIf cta the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM r COVENANTS. Boower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale ofthe Property. The notice shall further inform Borrower ofthe right to reinstate after acceleration and the right to bring a connection to assert the non - existence ofa default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. Ifthe power ofsale is invoked, Trustee shall record a notice ofdefault in each county in which any part of the Property is located and shall mail copies ofsuch notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel ofthe Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth oftbe statements made therein. Trustee shall apply the proceeds ofthe sale in the following order: (a) to all costs and expenses ofexemising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Low; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyence. Upon payment ofall sums secured by this Security Instrument Lender shall request Trustee to re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying die Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is permitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Bonowcr Lucille M. Kerby Borrower Bor ewer (Seal) (Seal) (Seal) (Seal) NEBR "S itsdc Family— F'anaie MaNF'rrddir Mac UNIFORM INSTRUMENT Fnrm3028 INI (page lnlR pvges) 9154.CV(10/02) 230141 CATO(000(19ba)