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200902769 Borrower shall not cause or permit the presencc, usc, disposal, storagc, or rclcase of any Hazardous Substances, or threaten to releasc any Hazardous Substances, on or in the Property. Borrowcr shall not do, nor allow anyone else to do, anything affecting thc Property (a) that is in violation of any Environmcntal Law, (b) which crcates an Environmental Condition, or (c) which, due to the presence, use, or relcasc of a Hazardous Substance, creates a condition that adversely affccts the value of the Property. The preceding two scntenccs shall not apply to the presence, use, or storagc on the Property of small quantities of Hazardous Substances that are gcnerally recognized to be appropriatc to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrowcr shall promptly give Lcndcr written notice of (a) any investigation, claim, demand, lawsuit or othcr action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substancc or Environmental Law of which Borrower has actual knowledge, (b) any Environmcntal Condition, including but not limited to, any spilling, leaking, discharge, release or thrcat of reI case of any Hazardous Substance, and (c) any condition caused by the presence, use or relcase of a Hazardous Substance which adversely affects the value of thc Propcrty. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any rcmoval or other remediation of any Hazardous Substance affecting the Property is necessary, Borrowcr shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall crcate any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covcnant and agrce as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 uniess Applicable Law provides otherwise). The 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 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 notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further 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 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 its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 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 and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the 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 may postpone sale of all or any parcel of the Property by public announcement at the time aud place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals 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 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 Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums sccured by this Security Instrument, Lender shall rcqucst Trustcc to reconvcy the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustcc shall reconvey the Property without warranty to thc pcrson or persons legally cntitled to it. Such person or pcrsons shall pay any recordation costs. Lcndcr may chargc such person or persons a fcc for reconveying the Property, but only if the fee is paid to a third party (such as the Trustcc) for services rendered and the charging of the fee is pcrmitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time rcmovc Trustcc and appoint a successor trustee to any Trustee appointed hereunder by an instrument rccordcd in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustcc shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of thc notice of default and sale be sent to Borrower's address which is the Property Address. NEBRASKA--Slngle Famlly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3028 1/01 Page 90111 DocMal1lc ~ 800.649., 362 www.docmaglc.com ~. ~