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200208950 <br />Borrower shall not cause or perm[, the presence, use, disposal, sror age, or release of any Hazardous Junstances, or <br />threaten to release any Hazardous Substances, on or in the Property . Borrower shall not do, nor allow anyone else to do, <br />an affecting the Property (a) that is in violation of any Environmental Law, (b) which creams an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and m <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 investigat ion, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but inducted to, <br />any spilling, leaking, discharge, release or threat of release of any I lazardous Subs'tancc, xnd (c) any condition caused by the <br />presence, use or release of Hazardous Substance which adversely affects the value of the Property. If Borrower teams, m is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediatlon of any <br />" .... dnus Sn stance au'ectin , the Proncriv is necessarv. Borrower shall orommly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on lender fix 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 <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 of the right to reinstate after acceleration and the right to bring a court action to assert the <br />nun - existence of a 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, Lender at its option may require immediate payment in full of all sums <br />secured 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 h invoked, Trustee shall record a notice of default in each county in which any part er of <br />the Property is located and shall mail copies of such notice N the manner prescribed by p Applicable <br />icabl ble w, Tn Borrover <br />and to the ether persons prescribed by Applicable in the Law. r prescribed time required by Applicable Lew, Trustee shall <br />give public noshall sale he the persons and in themannerprescribed by Applicable Law. Trustee, without demand <br />to s designated Borrower, shall sell the Property at public auction to the highest hidden er the time and place and under the <br />teams designated in the notice of sale in one or more parcels and to any t at the time determines. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement a[ the time end place of any 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 prime facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs andexpenses 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 the person or persons legally entitled to it <br />23. Reconveyance. Llpun paymentufallsums secured bytivs Security Instrument, Lender shall request Trustee 0 <br />re-convey the Property and shall surrender this Security lns'numcnt xnd all notes evidencing debt secured by this Security <br />Instrument to Tmstce. Trustee shall reconvey the Property without warranty to the person or persons legally entitled m it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee forreconveyingthe <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the flee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time m time remove Trustee and appoint x successor <br />trustee to any Trustee appointed hereunder by an instrument resoled in the county in which this Security Instrument is <br />recorded. Without conveyyance of the Property, the successor trustee shall succeed to all the title, poweraral duties cvmferted <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 />mil/ (Seal) <br />Borrower Ry Hetulger <br />�C61QA- T- H JJ4 (Sent) <br />Borrower Nikki T HeiWger <br />BVrrnwer <br />Borrower <br />(Seal) <br />(Seal) <br />NEBRASKA Single Family-- F'annte Mac /Freddie MU UNIFORM INSTRUMENT Form 3028 1N1 (page) f8paxer) <br />9754CV(M2) 611742 <br />OOTO(eeo291rc9) <br />