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2oioos2ss
<br />Ne3028.mxd.xml
<br />Borrawer sha11 not cause or permit the presence, use, disposal, storage, ar release of any Hazardous 5ubstanc�s,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone �lse
<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 5ubstance, creates a
<br />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
<br />to be appropriate to normal residential uses and to maintenance of the Propexiy (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice af (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 Substance
<br />or �nvirnnmental Law of which Borrower has actual knowledge, (b) any �nvironmental 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 or release af a Hazardous Substance which adversely affects the value of the
<br />Property. If $orrower learns, or is notified by any governmental or regulatory authority, or any private party, that
<br />any removal or other remediatian of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with �nvironmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lendec further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to aeceleration fallawing
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but nat prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the defaalt must be cured; and (d) that failure ta cure the default on or before the date speci�ed in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court
<br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the
<br />default is not cured on or before the date specitied in the notice, Lender at its option may require immediate
<br />payment in t'ull of all sums secured by this Secarity Instrument without further demand and may invoke the
<br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
<br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable
<br />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
<br />of the Piroperty is located and s�all mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the tirne required by Applicable Law,
<br />Trustee shall give public notice of 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 unde�' the terms designated in the notice af sale in one or more parcels and in any arder Trustee
<br />determines. Trustee roay postpone sale of all ar 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 prxce bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence oF the truth of the statements
<br />made tl�erein. Trustee shall apply the procc�ds of th� sale in the following order: (a) to all costs and expenses
<br />of exercising the power of 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 Instrument;
<br />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 Tnstrument, Lender sha11 request Trustee
<br />to reconvey the Property and shall surrender this Security Izastrument and all notes evidencing debt secured by this
<br />Security Instrument to Ttustee. Trustee shal l 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 for reconveying the Praperty, but only if the fee is paid to a third party (such as the Trustee) for services rendered
<br />and the charging of the fee is permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from tizane to time remove Trustee and appaint 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 Praperty, the successor trustee shall succeed to all the title, pawer and duties
<br />conferred upon 'I'rustee herein and by Applicable Law.
<br />25. Reqaest for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFpRM INSTRUMENT - M�RS
<br />Form 3028 1/01 Page 9 of 1 1
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