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<br />200605441
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<br />Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
<br />environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
<br />removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that
<br />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
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
<br />which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
<br />not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,
<br />but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
<br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory
<br />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
<br />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 Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b)
<br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default 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
<br />Instrument without further demand and may invoke the power of sale and any other remedies permitted
<br />by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br />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
<br />part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable
<br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the
<br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br />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
<br />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
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs
<br />and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees
<br />actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured
<br />by this Security Instrument; and (c) any 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 request
<br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt
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<br />NEBRASKA - Single Family. Fannie MaeIFreddie Mac UNIFORM INSTRUMENT
<br />NE Deed
<br />231777 NEdeed_ conf.doc (Rev 00, 07/03) Page II of I3
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<br />Form 3028 1/01
<br />888 8882198296/0304007081
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