|
2002063/'5
<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 Property. Borrower shall not do, nor allow anyone else 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 ofa Hazardous Substance, creates a condition that adversely
<br />affects the value ofthe Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />ofsmalI quantities of Hazardous Substances that are generally recognized to be appropriate to not residential uses and to
<br />maintenance of the Property (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 otheraclion
<br />by any governmental or regulatory agency or private party involving the property and any Ilazardous Substance or
<br />Environmental I.aw of which Burrower has actual knowledge, (b) any Environmental Condition, including but not linuled to,
<br />any spilling, leaking, discharge, release or threat ofrelease ofany I lazardous Substance, and (c) any condition caused by the
<br />presence, use or release ofa Hazurduus Substance which adversely affects the value of the Properly. IfBorrower leams, 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 herein shall create an obligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Burower 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 [Iran 30 days from the date lire notice is given to Borroi 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 Properly. The notice shall
<br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action W assets the
<br />non -ex lsten ee of a default or any nth er 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 Senn rity Instrument without furt her 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 lo, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of sale 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 Lawto 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 ofthe 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 />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Properly. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made
<br />therein. 'trustee shall apply the proceeds ofthe attain the following order: (a) to all costs and expenses ofexercising
<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 file person or persons legally entitled to it.
<br />23. Reeonveyance. Upan payment ofalI sums secured by this Security Instrument, Lender shall request I' all to
<br />r- convey the Property and 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 orpersuns shall pay any recordation costs. Lendernlaychargesuchpersonorpersonsafee forreconveyinglhc
<br />Property, but only it the tee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is
<br />permitted under Applicable La,
<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 conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties 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 />(Seal)
<br />Borrower oel J Uriiaas
<br />rZ � o (Seal)
<br />I nrrower Diane G Urias
<br />Borrower
<br />(Seal)
<br />(Seal)
<br />NEBRASKA Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 1 /01 (page Jof8pag )
<br />611411 p: ozm 611443
<br />611T.cire2snwi
<br />
|