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<br />200605872
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<br />of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower
<br />pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous
<br />substances, pollutants, or wastes 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 radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
<br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and
<br />(d) an "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 threaten to release any
<br />Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. 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 to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, 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 action by any governmental or
<br />regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br />knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
<br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value
<br />of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other
<br />remediation of any 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.
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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 of any covenant
<br />or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The
<br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is
<br />given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further
<br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or
<br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at
<br />Its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke
<br />the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in
<br />pursuing the remedies provided In this Section 22, 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 the Property is located
<br />and shall mall copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
<br />Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and In the manner
<br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
<br />may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.
<br />Lender or its 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 conveying the Property. The recitals
<br />in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the
<br />sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the
<br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security
<br />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 Trustee to reconvey the Property
<br />and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey
<br />the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may
<br />charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services
<br />rendered and the charging of the fee is permitted under Applicable Law_
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee
<br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property,
<br />the successor trustee shall succeed to all the title, power and duties conferred 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 address which is the
<br />Property Address.
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<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider
<br />executed by Borrower and recorded with it.
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<br />Witnesses:
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<br />NEBRASKA~Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Page 7 of 8
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<br />Form 3028 1/01
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