Laserfiche WebLink
200209973 <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any 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 (e) 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 in be appropriate to normal 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 otheraction <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law ofwhich Borrower has actua knowledge, (b) any Environmental Condition, including but not lnuted to, <br />any spillikg, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release ofa Hazardous Substance which adversely affects the value of the Property. If icarowerlearns,oris <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 any obliuition 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 <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Low 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 Borrowers by which <br />the default must be cured; and oh 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 />non - 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 hull 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 is invoked, Trustee shall record a notice ofdef ita t in each county in which any part of <br />the Property is located and shall mail copies ofsuch notice in the manner prescribed by Applicable Lawn, 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 of the Property by public announcement at the time and place of any previously <br />the Property. The recitals in the Trustee's deer <br />therein. Trustee shall appply the proceeds of the <br />the power of sale, and the sale, including the <br />attorneys' fees as permitted by Applicable Lav <br />excess to the person or persons legally entitled <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lcndcr shall requestTruslee0 <br />ender this Security Instrument and all notes evidencing debt secured by this Security <br />reconvey the Property without warranty to the person or persons legally entitled to it. <br />recooldioncosts. Lender may charge such person or persons a fee for reconveying the <br />a third party (such as the Trustee) for services rendered and the charging of the fee is <br />rose the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying <br />hall be prima facie evidence of the truth of the statements made <br />le in the following order: (a) to all costs and expenses of exercising <br />iyment of the Trustee's Pees actually, incurred and reasonable <br />b) to all sums secured by this Security Instrument; and (c) any <br />24. Substitute Trustee. Lender, at its option, may tram 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 of the 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 alpecs 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 />NEBRASKA - Single Family- Fannie Mis&Freddie Mac <br />9754.WQso) rinaA3 <br />�/8{u. j/y (Seal) <br />Borrower Stephen C. Shoemaker <br />�C/nl )1%"lv'- (Seal) <br />ower Zelda D. Shoemaker <br />(Seal) <br />B000wer <br />(Seal) <br />Form 3028 1/01 (page] ofS Payer) <br />GOT0aXc2dd1b) <br />