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201005307
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any 1•Iazardous Substances, an ar in the Property. Borrower shah not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental. Law, (b) which creates an
<br />Environmental. Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, ar storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maiuteuance of the Property (including, but not limited ta,
<br />hazardous substances in consumer products).
<br />Tarrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by auy governmental ar regulatory agency or private party iuvolviug the Property and airy Hazardous Substance
<br />or Environmental Law ofwhich Harrower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use ar release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, ar is notified by any governmental or regulatory authority, or any private party, that
<br />any removal ar other remediatian of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Harrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratipn following
<br />Borrower's breach of any covenant or agreement in this Security lnstrument (but not prier to acceleration under
<br />Section 1.8 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (h) the action
<br />required to cure the default; (c) a date, opt less than 30 days from the date the notice is given to Borrower, by
<br />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 acceleratipn pf the sums secured by this Security lnstrument and. sale of the Property. "l'he
<br />notice shall further inform Bprrower of the right to reinstate after acceleratipn and the right to bring a court
<br />action tp assert the non-existence of a default or any other'defense of Bprrower to acceleration and sale. If the
<br />default is not cured on or before the date specified in the native, 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
<br />power of sate and any other remedies permitted. by Applicable Law. Lender shall be entitled tp collect all
<br />expenses incurred in pursuing the remedies prpvided in this Section 22, including, but not lirnfted tu, reaspnahlc
<br />attorneys' fees and costs pf tide evidence.
<br />If the power of sale is invpked, Trustee shall record a notice of default in each county in which any part
<br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable I:.aw to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee shall give public notice pf sale to the persons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
<br />place and under the terms designated in the native of sale in one or mare parcels and Yn any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and place of any previously scheduled sale. 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 7"rustee's deed cpnveying
<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 prpceeds pf the sale in the following order: (a) tp all casts and expenses
<br />of exercisi~tg the power pf sale, and the sale, including the payment of the Trustee's fees actually incurred and
<br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security lnstrument;
<br />and (c) any excess to the person or persons legally entitled to it.
<br />23. l2ecnnveyance. Upon payment of all sums secured by this Security lnstrument, Lender shall request Trustee
<br />to recanvey the Prpperty and shall surrender this Security Instrument and all. notes evidencing debt secured by this
<br />Security Tt~stnuneut to Trustee. "trustee shall reconvey the Property without warranty to the person or persons legally
<br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a
<br />fee f'ar recanveying the Property, but only if the fee is paid to a third parry (such as the Trustee) far services rendered
<br />and the charging of the f'ee is permitted under Applicable Law.
<br />24. Substitute 'l"rustee. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument
<br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
<br />conferred upon 'T`rustee herein and by Applicable Law.
<br />2~. Request for Notices. Borrower requests that copies of the native of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBRASKA--Single Family--Fannie Ma®/Freddie Mac UNIFORM INSTRUMENT -MFRS
<br />Form 3028 1/01 Page 9 of 11
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