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200�0438X
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release o any azardous u stances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
<br />affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
<br />which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(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 or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property
<br />is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein
<br />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 Borrower's breach
<br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable
<br />Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not
<br />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
<br />cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security
<br />Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and
<br />the right to bring a court action to assert the non - existence of a default or any other defense of Borrower to acceleration and
<br />sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate
<br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale
<br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing
<br />the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the
<br />other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of
<br />sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the
<br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in
<br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by
<br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the
<br />Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted
<br />by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally
<br />entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument
<br />to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or
<br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if
<br />the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable
<br />Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
<br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without
<br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and
<br />by Applicable Law.
<br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form !
<br />C3028 - 12/06/2000 [0020002081681 Page 10 of 11 Initia
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