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2�110�627
<br />to Borrower pursuant tp Section 1$ s�all be deemed to satisfy the notice and opporhuiity to take corrective action
<br />provisions of tlus Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" aze those substances
<br />defined as toxic or hazardous substances, pallutants, or wastes by Enviromnental Law and the following substances:
<br />gasoIine, kerosene, other fiammable or toxic petroleum praducts, toxic pesticides and herbicides, valatile solvents,
<br />materials contain.ing asbestos or formaldehyde, and radioactive materials; {b) "Enviro�nental Law" means fedexal
<br />laws and �aws of the jurisdiction where the Property is located. that relate to health, safety ox environmental protection;
<br />(c) "Environmentai Cleanup" includes any respanse action, remediai action, or removal action, as defiued in
<br />Environmernal Law; and {d) an "Environmental Condiiion" means a cflndition that can cause, contribute to, or
<br />otJaerwise trigger azi Environmental Cleanup.
<br />Borrower shall not cause oz permit the presence, use, disposai, storage, or release of any Hazardous Substances,
<br />or threaten to xelease any Hazardous Substauces, on or in the Property. Borrower shatl not do, nar allow anyone else
<br />to do, anything affecting the Property (a) ihat is in violation of any Enviranmental Law, (b) which creates an
<br />Envizonmentat Condition, or (c) which, due to the presence, use, or release of a Hazazdous Substance, ereates 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 Properry of small quaut�ties of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residentaal uses and to maintezaance of the Property (including, but not lunited to,
<br />hazardous substances in consume�r products).
<br />Bozxower skzall prompdy give Lender written notice of (a) any investagation, claim, demand, lawsuit or other
<br />action by any governmantal oz regulatory agency or pzzvate parcy involving the Property and. any Hazardous Substance
<br />or Enviromnental Law of which Borrower has actual knowledge, (b) any Environmental Candixzon, zncluding but not
<br />Iizaaited to, any spilling, leaking, discharge, release or threat of reiease of avy Hazardous Substaztce, and (c) any
<br />candition caused by tb.e gresence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is natified by any goveramental or regulatory authozity, or any private pariy, tk�at
<br />any removal or other remediation of any Hazardaus Substance affecting the Property is necessary, Borrawer shall
<br />promptly take ail necessary remedial actions in accordance with Envimnmental Law. I�Iothing herein shall Gzeate any
<br />obligation on Lender for an Environmental Cleannp.
<br />NON-UIUIFORM COVENANTS. Borrower and Lender further covenant and agree,as folIows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration followfng
<br />Borrower's breach of any covenant or agreement )n th.is Security Instrument (but not prior to acceleration under
<br />Section �8 wnless Applicable Law provides otherwise). The notice shaII specify: (a) the defaalt; (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 Borrowex, by
<br />which the defautt must be cured; a.�d (d) that faiture tn cure the default on or before tbe date sgecifiecl in the
<br />notice may result in acceleration of the sums secured by this Security Itxstrurnent and saie of the Property. The
<br />notice shall further inform Borrower af the rig4t to re�imstate after acceleration and the right to brin.g a court
<br />action to assert the nan-existence oF a default or any otlter defense of Borrower to acceleration and saie. If the
<br />default is not cured on ar before the date speci�ied in the nofice, Lender at iis option map require imYnediate
<br />payment in fuil 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 Applicab[e Law. Leuder shall be entitled to coIlect aIi
<br />expenses incurred in pursuing the remedies provided in this Seciion 22, including, bnt not limite!d to, reasonable
<br />attorneys' €ees and costs of title evidence.
<br />If the power of. sale is ir�voked, Trustee shall record a notica of default in eac�i couaty in wl�ch any part
<br />of the Property is located and shall mail eopies of such notice in the manner pre.scribed by Applicabie Law to
<br />Borrawer and to the other peisons prescribed by AppIicable Law. Aftear ti�e ti�aue rec�uired by Applicable Law,
<br />Truste+e shall give public notice of sale to the persons and in tb�e mranuer prescribed by Applicable Law. Tcustee,
<br />witho�t ciemand on Barrower, shall sell the Property at public auction to the highest bidder at the time and
<br />p[ace and under the terms designated in the notace of sale in one or mflre parceLs and in any order Trustee
<br />detexmines. Trustee may postpone sale of all or an�y parcel of the Property by public announcement at the time
<br />and place of any previously scheduted sale. Lender or its design� may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shail deliver to the purchaser Trustee's deed conveying
<br />#he Property. The recitals in the Trustee's deed shalI be prima facie evidence of the truth o£ tb�e statemeuts
<br />made therein. Trustee shall apply the proceeds of the sale in the goi�owing order: (a} to all costs and expenses
<br />of exercising the pflwer of sale, and the sale, includang the payment of the'IYustee's fee.s actually incurred and
<br />ressonable attarneys' fees as permitted by Applicable Law; (b) to aIl sums secured by this Se�urity Instrument;
<br />and (c) any excess to the persan or persons IegaTly entitled to it.
<br />23. Recanveyan.ce. Upon payment of ali sums secured by this Security Instruntent, Lender shall request Trustee
<br />to recanvey the Property and shall surrender this Se�uriry Iz�stttument and aIl notes evidencing deht secuxed by this
<br />Security Instzument to Trustee: Trustee shall recanvey the Property without warranry to the person or persons legally
<br />entitled to it. Such person or persons shatl pay any r�:ordation costs. I.�nder may charge such perscsn or persans a
<br />fee for recom�eying the Pmperty, but only if the fee is paid to a third party (such as the Txustee) for services rendered.
<br />and the charging of tlze fee is permittect under Applicable Law.
<br />24, Substitute Trustee. Lender, at its option, may from time to time remove Trus�ee and appoint a successor
<br />ttvstee to any Trustee appointed hereunder by an instrument re�orded in the county in which thzs Seeurity TnsGn�meirt
<br />is recorded. Witb.out conveyance of the Property, the snccessor trustee shall succeed to all the titie, power and duties
<br />conferred upon. Trustee herein and by Applicable Law.
<br />Ij, ,
<br />NEBFiASKA—Singie Family—Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS � p��� �
<br />Form 302$ 1/01 Page 9 of 11 wwtiv.docmaglc.com
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