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<br />200512221
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<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic
<br />or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a
<br />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 threaten
<br />to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property (a) that is in violation ofany Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to
<br />the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The
<br />preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
<br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not
<br />limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of
<br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental
<br />or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing
<br />herein shall create any obligation on Lender for an Environmental Cleanup.
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<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 Borrower's breach
<br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable
<br />Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not
<br />less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to
<br />cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security
<br />Instrument and sale of the Property. The notice shall further inform Borrower ofthe 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 Borrower to acceleration
<br />and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate
<br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the power ofsale
<br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing
<br />the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs oftitle evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
<br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustec shall give public
<br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall
<br />sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may
<br />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 the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds ofthe sale in the following order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted
<br />by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any cxcess to the person or persons legally
<br />entitled to it.
<br />23. 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 Security Instrument
<br />to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or
<br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only
<br />ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is permitted under Applicable
<br />Law.
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<br />NEBRASKAnSingle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Form 3028 1101 (Page 9 of 10 Pages)
<br />(R&A) RA0077219 - siemers.ne - Rev. 11/14/2005
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