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200512209
<br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />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. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides; volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of
<br />Nebraska that relate to health, safety or environmental protection.
<br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument ^ but not rior ion under the
<br />section titled Transfer of the Property or a Beneficial interest in ad' aw provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action reqUitm dwore t of It; (c) a date,
<br />not less than the minimum number of days established by Applicable'IJft v. otice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the de au t on or before the
<br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration
<br />and the right to bring a court action to assert the non - existence of a default or any other defense of
<br />Borrower to acceleration and sale. if the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable
<br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />Section, including, but not limited to, reasonable attorneys' fees and costs of title 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 Property is located and shall mail.copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable
<br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable
<br />-4,*w. Trustee, without demand on Borrower, Malt sell the Property at public auction to the highest bid'de.
<br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in any
<br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public
<br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase
<br />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
<br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and
<br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually
<br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this
<br />Security Instrument; and (c) any excess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or
<br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for
<br />services rendered and the charging of the fee is permitted under Applicable Law.
<br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee
<br />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
<br />conferred upon Trustee herein and by,Applicable Law.
<br />Oral Agreements Disclaimer. An agreement as defined by Nebraska Statutes must be in writing to be enforceable
<br />under Nebraska law. To protect the parties from any misunderstandings or disappointments, any contract, promise,
<br />undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection
<br />with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or
<br />substitution for any or all of the terms or provisions of any instrument or document executed in connection with
<br />this loan of money or grant or extension of credit, must be in writing.
<br />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />�5 2004 -2005 Compliance Systems, Inc. IC61.248E - 2005 08.128 www . compliancesystems.com
<br />Consumer Real Estate - Security Instrument DL2036 Page 5 of 6 800.968 -8522 - Fax 616. 956.1868
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