|
200211216
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of my Hazardous Subsume
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else t
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environm
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adve
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storageon the Pre
<br />menance 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, lawsuitorother action
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused bythe
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower learns, or is
<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 anyobligation on Under 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 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 />non - existence of a default or any other defense of Borrower to acceleration and sale. If the default's notarredon or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br />severed 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 co0ect 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 of default in each county in which any part of
<br />the Properly is located and shall mall copies ofsuch notice in the manner prescribed by AppknblelawtoBOrrower
<br />and to [he other persons pre scribed by Applicable Law. After the time required by Applicable Law, Trustee shall
<br />give public notice of sale to the persons end in the manner prescribed by Applicable Law. Trustee, without demand
<br />on Borrower, shall sell the Property a[ 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 m the time and l. ce ofany previously
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising
<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. Upon payment of all sums secured by this Security Instrument, Lender shall requestTrusteem
<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 leggally entitled to 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 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 com,myariee of the Property, the successor trustee shall succeed mall the title, power andduties 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 he 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 />(Seal)
<br />Borrower Kyle A. Nabity
<br />Cu )' (Seal)
<br />_-9cHr vfe SI yla A. Nabity
<br />(Seal)
<br />Borrower
<br />Borrower
<br />(Seal)
<br />NEBRASKA- Single Family - Fannie Ma re ffle Mac UNIFORMINSTRUMENT Form3028 V01 (page7rJ8pagec)
<br />9954.CV (1N2) G11949
<br />
|