|
200214474
<br />Borrower shall not cause or pet hat the to C ;c disposal, storage. or release of any Hazmdous Substances or
<br />threaten to release any Hazardous Substances, on of Cthc Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property, (a) that is in violation of any P:mironmental Law, (b) which creates on Efoiroumental
<br />Condition, or (c) which, due to the presence, use, of release of a Hazardous Substance, creates a condition that aciverseb
<br />affects the value of the Property. The preceding two scntcnccl shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances Nat are generally mcognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hmaolous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit mother action
<br />by any governmental or regulatory agency or private party invoking the Property and any Hazardous Substance or
<br />Environmental In to of which Borrower has actual IF no.vledec, (b) 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 whlah advcI scIy affects the value of the Property. ]£Borrower learns, or is
<br />notified by any governmental or regulatory authority or any private party, that any removal or other remediaticn of any
<br />Hazardous Substance affecting the Property is ncccss,u _ Borrower shall promptly take all necessary remedial actions in
<br />accordance with Emoma mental law. Nothoo, mo in sh lh,mac lrn obligation on lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrows and Leudcr further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall tike notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenantor agreement is 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 Ihan 31) 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 alter acceleration and the right to bring a court action tormsert the
<br />non- existence of a default or any other defense of Born)err 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 deunmd and may invoke the power of sale and any other
<br />remedies permitted by Applicable Law. Lender shall he 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 sha II nom if a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to 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 persona and in the manner prescribed by Applicable Law. Trustee, withoutdemand
<br />on Borrower, shall sell the Property at public auction to life highest bidder at the time and place and under the
<br />terms designated in the notice upside 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, 'I'rustee shall deliver to the purchaser Trustee's deed conveying
<br />the Properly. 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 iu the following order: (a) to all costs and expenses ofexercising
<br />the power of sale, and the sale, including the pad ment of the 'trustee's fees actually incurred and reasonable
<br />attorneys' fees as permitted by Applicable Law; I b) to ail sours secured by this Security Instrument; and (c) any
<br />excess to the person or persona legally entitled to it.
<br />23. Reconveyance. Upon paymentofall snrr occumd hvthis Security Instrument, Lender shall request Trustee to
<br />re- convey the Property and shall surrender Nis Sccuf.ty Instrument and all notes evidencing debt secured bythis Security
<br />Instrument to Trustee. Trustee shall reconvey tile P1 q) without warranty to the person or persons leaallyentitled to it
<br />Such person or persons shall pay any recordation costs- Lcndei may charge such person or persons a fee For reconveying the
<br />Property, but only it the fee is paid to a third party (suds 1> (lie 'I'rusta;) for services rendered and the charging of the fee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Lander, at its option, may nom time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an innmment rcaordcd in the county in which this Security Instrument is
<br />recorded. Without conveyance urine Property, the succcsoi n'ustee shall succeed to all the tide, power and dutles conferred
<br />upon Trustee herein and by Applicable Law.
<br />25. Request for Notices. Borrower mgCC111 that uopms of the notice of default and sale be sent to Borrower s
<br />address which is the Property Address.
<br />BY SIGNING BELOW, Borrower acceph rind ¢'1111 to the terms and covenants contained in this Security
<br />Instrument and in any Rider executed by Borrower in (recorded with .
<br />Witnesses:
<br />i
<br />(Seap
<br />r Steven C Kis
<br />Surf)
<br />ev rc hs
<br />(Seal)
<br />(Seal)
<br />lion m,u
<br />NEBRASKA - Single bandy -- Fannie Mae /F,Skw Mae UNIFURst INS 'I NU)IEN'f Front 3028 1 /01(pupe l(,IipageV
<br />9754CV(tN1) 1619237
<br />
|