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200206453 <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 Properly (a) that is in violation of any Environmental IAW, (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 valueofthe Properly. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quanliti es of Hazardous Substances that an C generally recognized to be appropriate to normal residential uses and to <br />maintenance ofthe 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 otheraction <br />by any governmental or regulatory agency or private party invulving the Property and any Hazardous Substance or <br />Lnvironmentnl Law ofwhich Borrowerhas actual knowledge, any Environmental Condition, tncludin butrunlimitedo, <br />any spilling, leaking, discharge, release or ducat of release of any Hazardous Substance, and (c) any condition causedbythe <br />presence, use nr release ofa Hazardous Substance which adversely affects the value ofthe Property. IfBorrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal er 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 herem shall create any obligation on Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENAN IS Borrower and Lender further covenant and ogre; 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 ofthe right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence ofa 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, Leader at its option may, require immediate payment in full of all sums <br />seen red 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 in, oked,'I rnstee 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 Law to 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 to 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 offs a 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 Property. The recitals In the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made <br />therein. 'I rustre shall apply the proceeds ofthe sale in the following order: (a) to all costs and expenses ofexercising <br />the power of sale, and the sale, including lite 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 llte person or persons legally entitled to it. <br />23. Reconveyance. Upon payment ofall sums secured by this Security instrument, Lender shall request Trustee to <br />re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured bythis Security <br />Instrument m Trustee. Trustee shall Ieconvey the Property without warranty w the person or persons legally entitled to it. <br />Such person re persons shall pay anyrecordation costs. Lender may charge such person or persons a fee for teconveying the <br />Property, but only ifthe fe: is paid to a third party(such as the Trustee) Pot services rendered and the charging ofthe fee is <br />permitted under Applicable Law. _ <br />24. Substitute Trustce. Lender, at its option, may from time to hoe 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, powerand chmesconfened <br />upon Trustee herein and by Applicable Law_ <br />25. Request for Notices. Borrower requests that copies ofthe notice ofdcPault and sale be sent to Borrower's <br />address which is the Property Address, <br />BV SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Inch uncid and in any Rider executed by Borrower and recorded with it <br />Witnesses: %� / <br />01_1 (Seal) <br />Borrower Thomas F. Werner <br />Borrower <br />(Seal) <br />(Seal) <br />(Seal) <br />NFBRASKA-- Singlc family_Un,nw Mae /Freddie Mac I NIFONM INS HUMFNT Ferm3028 1 /01 / ➢,Ke71f8pnyep <br />9154.CV (1 02) 111650 <br />601($1x112 114c) <br />