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<br />RE-RECORDED \",
<br />.,~.,)
<br />200511524
<br />
<br />200510029
<br />
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the fullowing substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />con~ai~in~ a.sbestos or formaldehyd~, and radioactive materials; (b) ':Environ~ental Law" means .federal ~~ws ~nd laws of
<br />the JunsdlCtlOn where the Property IS located that relate to health, safety or envIronmental protectIon; ( c) EnVIronmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<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 (c) which, due to the presence, use, or release ofa Hazardous Substance, creates a condition that adversely
<br />aftects the value ofthe 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 to be appropriate to normal residential uses and to
<br />maintenance ofthe Property (including, but not limited to, hazardous substances 111 consumer products).
<br />:' Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (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 which adversely affects the value of the Property. If Borrower 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 any 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 Borrowel' prim' to acceleration following
<br />Borrower's breach orany 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 failul'e to cure the default on or before the date specified in the notice may
<br />l'esult in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br />further inform Borrower ofthe right to reinstate after acceleration and the right to bring a court action to assert the
<br />non.existence of a defa ult or any other defense of Borrower to acceleration and sale. Hthe detault 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 ofsale is invoked, Tl"Ustee shall record 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 Applica ble 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 SeU 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 oHhe Property by public announcement at the time and place ofany previously
<br />scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment oCthe 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 oHlle statements made
<br />therein. Trustee shall apply the proceeds oCthe 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 perSOll or persons legnlly entitled to it..
<br />23. Reconveyance.. Upon payment of all sums secured by this Security Instrument, 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 reconveying the
<br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe 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 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 />
<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 />
<br />Witnesses:
<br />
<br />5~ ?71 %p~
<br />
<br />Borrower Sean M Kreiner
<br />
<br />(Seal)
<br />
<br />~.~~"
<br />
<br />13orroer T ~ rdliclui.
<br />
<br />(Seal)
<br />
<br />Borrower
<br />
<br />( Seal)
<br />
<br />(Seal)
<br />
<br />Borrower
<br />
<br />NEBRASKA--8ingle Family--Fannic MaelFrcddie Mac UNI}'ORM INSTRUMENT
<br />12439.CV (10/02) 900138
<br />
<br />(MERS)
<br />
<br />Form 3028 1/01 (page 7of8pages)e
<br />GOTO(OOU 1 b970)
<br />
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