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201107�5G
<br />1111060114
<br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. T'he preceding two
<br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
<br />the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Properiy. If Borrower learns, or is notified by
<br />any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
<br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
<br />Lender for an Environmental Cleanup.
<br />NON-iJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender s6a11 give notice to Borrower prior to acceleration
<br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
<br />to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:
<br />(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
<br />date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure
<br />the default on or before t6e date specified in the notice may result in acceleration of the sums secured
<br />by t�is Security Instrument and sale of the Property. The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br />def�ult or any other defense of Borrower to acceleration and sale. If the default is not cured on or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of
<br />all sums secured by this Security Instrument without further demand and may invoke the power of
<br />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,
<br />reasonable 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
<br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time
<br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by Applicable Law. Trustee, withQUt demand on Borrower, sball sell the Property at public
<br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale
<br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any
<br />parcel of the Property by public announcement at the time and place of any previously scheduled sale.
<br />Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to t6e purchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of
<br />NEBRASKA—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
<br />ModiBed for VA
<br />� 338.5 Page 13 of 14 Form 3028 1/01
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