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200206810 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances .in consumer products). Borrower shall promptly give Lender written notice of (a) arty mvesti ation, claim, demand, lawsuit or other action by any governmental or regulatory agency or rivate party involvingg the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition includingbutnot limitedto, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition causedbythe presence, use or release of a Hazardous Substance which adversely affects the value of the Properly. IfBoirower learns, or is notified by governmental or re amry authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the roperty is necessary, Borrower shall promptly take all necessary remedial actions m accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON- UNIFORM COVENANTS. Borrower and Lender er 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 18 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 of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right t0 reinstate after acceleration and the right to brieg a roilrt action to assert the non-existence of a default or any other defense of Borro wer to acceleration and sale If the default is not cured on or before the date apecsed in the notice, Lender at its option may require immediate payment in full of all soma 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 eapenaea incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and mats of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persona prescribed by p licable 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 earcel of the 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 ppayment of the 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 of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all coats and expenses of exercising 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 Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all 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 forreconveying the 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 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 of the 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 lt. Witnesses: (Seal) Borrower Brian K Fischer (Seal) ..... Borrower GENERAL NOTARY -State of Nebraska i TERRY L. KURTENBACH (Seal) My Comm. tip. Nov. 2g, 2002 Borrower (Seal) Borrower NEBRASKA— Single Family —Fantle Mae/Freddie Mae UNIFORM INSTRUMENT Form 3028 1/01 (page 7 of8 pages) 9754CV (1 /02) 4600101420 yy }} ¢¢ t.i i7 0 2. *:? L 3r, R jj i GOTO(08250f31)