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200210737 <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor alh <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which crest <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a co, <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or: <br />of small quantities of hazardous Substances that are generally recognized to be appropriate to normal <br />maintenance of the Property (including, but not limited to, hazardous substances to consumer mode <br />r written notice of (a) any investigation, claim, demand, lawsuit or other action <br />or private party involving the Property and any Hazardous Substance or <br />notified by any govemnism d 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. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />non - existence of default or any other defense of Borrower to acceleration and sale. If the defaultis not cured on or <br />before the date specified in the notice, Lender at its option may require i nmediate 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 />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 />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />the power of sale, and me sale, Including the payment of the Trnstee's tees 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. Upon payment ofall sums secured by this SecurltyInstrument, Lender shall request Trustee to <br />re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveyingthe <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 fee is <br />permitted under Applicable Law. <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 tide, power and dudes 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 />(_k , L-_Az3L— (Seal) <br />Borrower Rick} 9 QN. Lath <br />�-H1u l_, C e4k (Seal) <br />Borro er Janice L. Leth <br />(Seal) <br />(Seal) <br />Bopower <br />NEBRAS" Single Pamll, Famde Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 Lot (Page] f9Paged <br />9756.CV oW..) GII879 <br />