|
Borrower shall not cause or permit the presence, us
<br />threaten to release any Hazardous Substances, on or in the I
<br />anything affecting the Property (a) that is in violation of a
<br />Condition, or (c) which, due to the presence, use, or release
<br />affects the value of the Property. The preceding two senteact
<br />of small quantities of Hazardous Substances that are genemll
<br />maintenance of the Property (including, but not limited to, h
<br />or
<br />200213223
<br />msal, storage, or release of any Hazardous Substances, or
<br />'[y. Borr ower shall not do, nor allow anyone else to do,
<br />vironmental Law, (b) which creates an Environmental
<br />lazardous Substance, creates a condition that adversely
<br />I not apply to the presence, use, or storage on the Property
<br />grazed to be appropriate to normal residential uses and to
<br />ms substances in consumer products).
<br />an, investigation, claim, demand, lawsuit or other action
<br />.luting the Property and any Hazardous Substance or
<br />any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower leams, 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 necessar y, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any liligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender Nrther 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 15 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. 11 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 is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Properly is located and shall mail copies of such notice in the manner prescribed by Applicable Lawto 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 />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 prima 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 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 led 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 requestTrustee 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 in 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 reconveymg the
<br />Property, but only if the fee is paid to a third parry (such as the Trustee) for services rendered and the charging of the fee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Under, 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 of the Property, the successor trustee shall succeed to all the title, power and dunes 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 Borrowei 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 />NEBRASKA -- Single Family- Fannie MaeTreddie Mac
<br />9756 CV (1102) 1615913
<br />(Seal)
<br />Borrower David E/ Haynes
<br />%
<br />/ %rfC4/� -- (Seal)
<br />G'Bo wer Lynn A Haynes
<br />(Seal)
<br />Borrower
<br />(Seal)
<br />Borrower
<br />Form 30Z8 1 /01 (page9 f8go,er)
<br />GOTOm30397M
<br />
|