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201048919
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, an ar in the Property. Borrawer shall not do, nar 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 Candition, or (c) which, due to the presence, use, ar release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences sha11 not apply to the
<br />presence, use, or storage on the Property of small quantities pf Hazardous Substances that are generally recognized
<br />to be appropriate to notmal residential uses and to mainCenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give L.ender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governrnental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental Law of which Borrower 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 or release of a Hazardous Substance which adversely affects the value of the
<br />Praperty. If Borrower learns, or is notified by any governmental or regulatory authority, or any privat� party, that
<br />any removal or other remediation of any Hazardaus Substance affecting the Property is necessary, Borrower sha11
<br />promptly take all necessary remedial actions in accordance wiCh Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COV�NANTS. Borrower and �.ender 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 thia Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall spec�fy: (a) the default; (b) the action
<br />required to cure the default; (c) a date, nat less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that t'ailure to cure the default on ar befo�re the date specified in the
<br />notice may result in acceleratian 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 specified in the notice, 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 sale and any other remedies permitted by Applicable Law. I�ender shall be entitled to collect a11
<br />expenses incu�rred 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, Trastee shall record a notice of default 3n each county in which any part
<br />of the Property is located and shall nnail copies of such not►ce In the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescrlbed by Applicable Law. After the time 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 auctian to the highest bidder at the titne and
<br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale af all or any parcel of the Yroperty 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 Trustee's deed conveying
<br />the Pt'operty. 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 proceeds of the sale in the following order: (a) to all costs and expenses
<br />of exercis(ng the power of sale, and the sale, inclading the payment of the Trustee's Fees actually incurred and
<br />re�sonable attorneys' fees as permitted by ApplIcable Law; (b) to all sums secured by thIs Security Instrument;
<br />and (c) any excess to the persnn or persons legally entitled ta It.
<br />23. Reconveyance. Upon payment of all sums secured by this Security lnstrument, Lender shall request Trustee
<br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instzument 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 for reconveying the Property, 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 time to time remove "I'rustee 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 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
<br />address which is the Property Address.
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<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac U IFORM If�YF�UM - MERS DpCMagTC �, 800-649-1362
<br />Form 3028 1/01 Page 9 of www.dacmagic.com
<br />Ne3Q28.mzd.unl
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