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201i0�770
<br />to Aorzower pursuant to Section 18 shall be deemed to sarisfy xhe notice and oppoz�tunity to take corrective action
<br />provisions of this Se�tion 20.
<br />21. Hazardous Substances. As used in ttiis Section 21: (a} "Ha�ardous Substanc�s" are those substances
<br />def�ned. as toxic or hazardovs substances, pollutants, or wastes by L�nvironmental La.w and the following substiauces:
<br />gasoline, kerosene, other flammable or toxi.c petrolewan pzoducts, tolric pesticides and herbicides� volai�le solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law° means federal
<br />laws and Iaws of the jurisdicdon where the Properry is located that relate to health, safety or environmental protection;
<br />(c) "Envimnmental Cleanup" includ.�s any response action, remedial ac�ion, or removal action, as defin�i in
<br />Environmental T.a.w; and (d) an "Environmental Condition" means a canditaon that can cause, contribute to, or
<br />otherarrLSSe trigger an Environmental Cleanup.
<br />Borrower shall not cause vr permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardoas Substances, on or in the Property. Borrower shall not do, nor allow anyane else
<br />ta do, anything affecting the ProPertY (a) that is in vialation of auy Environmental I.aw, {b) which creates an
<br />Environmental Condition, oz (c) which, due to the presence, use, or release of a Hazardous Stibstaace, creates a
<br />condition that adversely affects the value of the Property_ The pr�eding two sentences shall not appJ.y to the
<br />gresence, use, or storage on the Property of small quantities of Hazardoexs S�ibstances that are generaily re�ognizsd
<br />to be appropriate to normal residential uses and to maintenance of ihe Property {including, but not limited,to,
<br />hazardous substances in consumez pzoducts}.
<br />Borrower shall promptly give Lender written no�ice of (a} any investigation, claim, demand, lawsuit or other
<br />ac#ion by any governmental or regalatory agency or private party involving tlie Propeny and any Hazardous Substance
<br />or Environmental Law of which Borrower has actual lmowledge, (6) any Enviro�mental Gondition, 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, vse or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower Iearna, or is notified by any governmental or regulatory authority, or any private party, that
<br />any remaval or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promp�ly take all aecessary rem�ial actions in accordance with Environmentai Law. Notl�ing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NON-UNlFQRM COVENANTS. Borrower and L�nder f�uther covenarn and agree as follows:
<br />22. Acceleratian; Remedies. Lender shall give notice to Borrnwer prlor to acceleration faIIowing
<br />Borrowex's breach of any covenairt or agreem�t in fh'rs Security Tnstrument @ut not prior to accelerahon under
<br />Sect�ton 18 tunless Applicable Law provides othercvise). The natic� shall sp�: (a) the defauIf; (b) the action
<br />require� to c�e tLhe defau(�; (c) a date, not less than. 30 �ays from the date f,he notice is gi�en to Borrower, by
<br />which the default must be cured; aud (d) that failure to cure the default on ar before the date specifierl in the
<br />nohce may recnit in acoeleration oP the sums secured by this Securifiy Instrumeat and sale of the Property. The
<br />notice slial� further infornt �orrower of the r➢ght to reinstate after acceleratlon and the right to bring a cowrt
<br />action to assert the non-e�istence oi' a default or any athe� defense af Borrower to acceler�tion and sale. If the
<br />default is not cured on or before the date spe�ei�ed in the notice, Lender at its ogtion may rec�ui�re ianmediate
<br />papment in full of all snms secured by t.�is S�urity Tnstrument without f�urther demand and map invoke the
<br />power of sa[e and any other remedies pexmitted by Apg►licable Law. Lender shall be e�tle�i to caIIect all
<br />egpens� incurred in puraurng the remedi� provided in this Se�fion 22, including, but not Iimitetl to, reasonable
<br />attorneys' f�s ancl costs of tftle evidence.
<br />If the power of sale is invoked, Trustee shail recor� a notice of default in each county in wbdch any part
<br />of the Property is lacated and shall mail copi� of such notice in the manner psescribed by AppI�cable Law to
<br />�orrower and to the other persons prescribed by AppTicable Law. After the tinie reqaired by Applica6le Law,
<br />Trastee shall give pnblic notice of sala to the peisons and iui t�e manner prescribed by Applicable Law. �vstee,
<br />without demand on Borro�cver, shall se11 the Property at public auctiom to the highest bidder at the i3me and
<br />place and under tIie terms designated �in the notice of sale in ane or more parcels and in any order Trastee
<br />determine,s. 'l�ustce mny postpone sale of a[I or any parcel of the Property by pnbTic announcement at the time
<br />and place of any previously scheduled saCe. Lender or its design� may purchase the Property at any sale.
<br />Upon receipt of paymeut of the price bid, Trustee shall deliver ta the parchaser Trustee's deed con�ve�ing
<br />the Property. The recitals in the TrusteQ's deecl sha1T be prima facfe evideaice of the trath of the statemen#s
<br />made therein. 1�stee shall apply the proceeds of the sale in the foIIowing order: (a) to all cosls and expens�
<br />of egercising the power of sale, and the sale, ivacluding tIie payment of the Tru�stee's fees actualIy incurred and
<br />reasanable attorneys' f�s as permitted by Applicable Law; @) to all snms sec�d by this Secutity Instrumen�;
<br />and {c) any excess to the person or persons Iegally entitled to ft.
<br />23. Recanvey�nce. Uponpayment of all sums securedby this Security Instrument, Lender slaall request Trustee
<br />to zeconvey the Properiy and shall surrender this Security Instzwment and all notes evidencing debt s�ured by this
<br />Securzty Unstrument to Trustee. Tnistee shail reconvey the Properry without warranty to the pezson or persons legally
<br />entitled to it. Such person or persons sb.a�l. pay any recordation costs. Lender may charge sueh person or persons a
<br />fee for reco�eying �iie Propezty, but only if the fee is paid to a third party (such as the Trustee) for seivices rendereci
<br />and the charging af the fee is permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may frozn t�me to time remove Tnzstee and appoirn a successox
<br />trustee to any Trustee appointed hereuudar by an incrn,mPnr recorded in the county i�a which this Security Instrument
<br />is recorded. Without conveyancs of the l�roperty, the successor trustee shall succeeed to all the title, power and duries
<br />confened. upon Trustee herein and by Applicable Law.
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<br />NEBRASKA—Single Family—Fennie MaelFreddie Mac UI�IFORM INSTRUMENT - MERS pq
<br />Form 3028 1I04 Page 9 of 4 7 yvww.doanagic.com
<br />xe30Z8.mz3xml
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