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201D49351
<br />acceleration and oppartunity to cure given co Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
<br />Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Haxardous Substances. As used in this Section 21: (a) "Flazardous Substances" are those substances defined as toxic or
<br />hazardous substances, pollutants, ar wastes by �nvironmental Law and the following substances: gasoline, kerosene, other flammable or
<br />toxic petroleurn products, toxic pesticides ar�d herbicides, volatile solvents, materials cantaining asbesCos or formaldehyde, and radioactive
<br />materials; (b) "Fnvironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
<br />or environmental protection; (c) "Environmental Cleanup" includes any response action, rernedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, ar otherwise trigger an
<br />F..nvironmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardaus Substances, or threaten to
<br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affectin�; the Property
<br />(a) that is in violation of any Environmental I.aw; (b) which creates an �nvironmental Condition, or (c) which, due to the presence, use, or
<br />release of a Hazardous Substance, creates a condition that adverscly affects the value of the Prnperty. The preceding two sentences shall not
<br />apply to the presence, use, or storage on the Property of srnall quantities of Hazardous Substances that arc generally recognized to be
<br />apprnpriate to normal residential uses and to maintenance ofthe Property (including, but not limited to, hazardous substances in consumer
<br />products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or ather action by any
<br />governmental or regulatory agency or (�rivate party involving the Proper-ty and any Hazardous Substance or Cnvironmental Law of which
<br />Borrower has actual knowledge, (b) any F,nvironmental Condition, including but not limited to, any spill ing, leaking, discharge, release or
<br />threat of release of any Hazardous Substance, and (c) any condition caused 6y the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Bnrrower learns, or is notified by any governmental or regulatory authority, nr any private
<br />party, that any removal or other remediation of any Hazardous 5ubstance affectin� the Property is necessary, Borrower shall promptly take
<br />all necessary remedial actinns in accordance with Environmental Law. Nothing herein shall create any obli�ation nn Lender for an
<br />Fnvironmental Cleanup.
<br />NON-LTNIFORM COVENANTS. T3orrower and Lender further covenant and agree as follows:
<br />22. Aceeleration; Rcmedies. Lender shall give notice to Borrowcr prior to acceleration following Borrower's hreach of any
<br />covenant or agreement in this Security Instrument (but not prinr ta acccleration under Section l8 unless Applicahle Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the def�ult; (c) a date, not less than 3Q days from
<br />the date the notice is given to Borrower, by whirh the default must he cured; and (d) that f�ilure to cure the default on or heforc the
<br />date specified in the notice may result in acceleration of the sums secured by this Security instrument and sale of the Property. Thc
<br />natice sh�ll further inform I3orrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non-cxistence of a default or any other defense of Borrower to acceler�tion and sale. If the default is not cured on or before tlte date
<br />speci�ed in thc n�tic�, Lender at its option may require immec�iate payment in full of all sums secured by this Security instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted 6y Applic�ble Law. Lender shall hc
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not lirnited to,
<br />reas�nahlc attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trirstee shall record a notice of default in each county in which any part of the Property is
<br />located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons
<br />prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall �ive puhlic notice af sale to the persons
<br />and in the manner prescribed Uy Applicable Law. Trustee, without demand on Borrnwcr, shall sell the Property at publie auetion to
<br />the highest bidder at the tirne and place and under the terms designated in the notice of sale in one or morc parcels and in any order
<br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by publie announcement �t the time and plaee of
<br />any prcviously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment nf thc price bid, Trustee shall deliver to the purshaser Trustee's deed conveying the Property. The
<br />recitals in the Trustee's deed shall be prima facie evidence of thc truth of the statements made therein. Trustcc shall apply the
<br />proceeds oF the sale in the following order: (a) to all costs and expenses af exercising the power of sale, and the sale, including the
<br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applic�ble Law; (1�) to all sums
<br />secured by this Secarity instrument; and (c) any excess to the person or persons legally entitled to it.
<br />23. Recnnveyanec. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to re-convey the
<br />Property and shall surrender this Securicy Tnstrument and all notes evidencing deht secured by this Security inscrument to Trustee. Trustee
<br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person nr persons shall pay any recordation
<br />costs. Lender may 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
<br />Trustee) for services tendered and the charging of the fee is permitted undcr Applicable Law.
<br />24. Substitute Trustee. i,ender, at its nption, may from time to time remove 1'rustee and appoint a successor trustee to any Trustee
<br />appointed here►�nder by an instrument recarded in the county in which this Security Instrument is recorded. Without canveyance ofthc
<br />Property, the successor trustee shall succecd to all the title, power and duties conferred upon Trustee herein and by Applicable T,aw.
<br />25. Request for Nntiees. �orrower requests that copies of the notice of default and sale be sent to i3orrower's address which is the
<br />Property Address.
<br />NEBFtASKA -Single Family-Fannie Mae/Freddle Mac UNI�ORM INSTRUMEN7 with MERS Fprm 3028 1/01
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<br />ips, i„G Bnrrower(s) Initials �
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