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201109107
<br />T(a�o78.�1.nnt
<br />to Borrower pursuant to Se.ction 18 shall be deemed to satisfy the notice and opporiittiity to take corrective action
<br />provisions of this Section 20.
<br />21. Aazardoas Sabstances. As used in t.6is Section 21: (a} "Hazardous Substances° are those substances
<br />defin� as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the #'allawing substances:
<br />gasoline, kerosene, o�her flamma.ble or toxic petzoleum praducts, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioact�ve materials; {6) "Environmental Law° means federal
<br />laws and laws of ttie jurisdiction where the Properly is Iocate� ti�at relate to health, safety or environmental protection;
<br />(c) "Environmental Clexrnxp" includes any response action, remedial action, or removal action, as defined in
<br />Environmentat Law; and (d) an "Environmental Condirion" means a cond'zuon that can cause, contn'bute to, or
<br />otl�erwise trigger an Enviromnental Cle2mup.
<br />Borrower �shall not cause or permit the presence, use, disposal, stora.ge, or release of any Hazardous Substances,
<br />or threaien to release any Hazardous Substances, on or in the Property. Borrower shali nvt do, nor allow anyone else
<br />to do, anything aff�ting the Property (a) that is in violati.on of any Enviranmental Law, (b) which creates an
<br />EnviranmentaJ. Condition, or (c) which, due to the presence, use, ox release of a Hazardous Substancs, creates a
<br />condition that adversely affects the value of the Properry. The preceding two sentences shall not apply to the
<br />pzesence, use, or storage om the Properry of small quaatities of Aazardous Substances thax are generally recognized
<br />to be appropriaxe to normal residential uses and to maintenance of the Property (including, but not Iimited to,
<br />Hazardous substances in consumer products).
<br />Bozxower shall prompfly give Lender wriiten notice of (a) any investigation, claim, demand, lawsuit or other
<br />aetion by a�ry governmental or regulatory agen.cy ox private party involving the Property and any Hazazdous Substance
<br />or Environmental La.vi+ of which Bonower has actual Imowledge, (b) aA.y Envirommental Condition, zu.cIuding but not
<br />limited to, any sQilling, leaking, discharge, release or thre,at of release of any Hazardous Substance, and (c) any
<br />eondition caused by the presence, use or release of a Hazardous S�xbstance which adversely affects the value of the
<br />Pzoperty. If Bozrower learns, or is notified by any governinental or regulatory authority, or anyprivate pariy, tha.t
<br />any removal or other remediation of any Ha2ardous Substance affecting the Properiy is aecessary, Borrower shall
<br />promptlq take aIl necessary zemedial actions in acxordance with Environmental Law. Nothing b.ereiva shall create any
<br />obligat3.an on Lender for an Environmenta� Cleanup.
<br />NON-UNIFORM Ct}VENANTS. Borrower and Lender furr.her covenant and agr� as follows:
<br />22. Acxeleratlon; Remedies. Lender. shall give moiace to Bflrrower prior to accelerat'ron followiag
<br />Borrower's br�zch of any covenant or agr�nnent in tbds Security Jbstrument (but nat prior to acc�leration nnder
<br />Section 18 unless Applicable Law provid� otherwise). T�te notice shall specify: (a) the default; (b) the adion
<br />required to c�re the default; {c) a date, not l�s than 30 days from the date the notice �is givean to Bo�rrower, by
<br />v�hich the default �nzust be cure.rI; and (d) #hat fai7ure to cure the defauit on or befare the date specified in the
<br />notice may r�suit in acceleration of the sums secured by this Securitp Instrument and sale of the Property. The
<br />notice shall further inform Borrowea� of th.e right to ce�tnstate afte�r acceleratian and the right to br?ng � cowrt
<br />ad3on to assert the non-e�nistence of a aefaolt or any other defense of Barcowear to acceleratlon and sale. If the
<br />default is aot cured on or before the date specifi� �tn the nolice, Lender at its option may require imme�iate
<br />payment in fiill of ail sums secured by this S�writy LostruIDaent without further demand and may invoke the
<br />power of sate and any other remedi�s pearmitted by Applicable Law. Lender shal! be entitled to coliecf all
<br />eac�enses incarred in purs"� the remedies provided in this Section 22, ineluding, b� not limited to, r�sonable
<br />attorneys' fees and costs of title evidence.
<br />If the power of sale is iavok�, Trust.ee shaIl rc�ord a not3ce of default In each county in which any prart
<br />of the Property is Iocated and shall maiI copies of such no�ce in the manner prescn`bed by Applicable Law to
<br />Barroveer and to the other �sons prescribed by Applicable Law. After the time required by Applicable Law,
<br />Tnrstee shall give pab�ic not�ce o£ sale to t]xe persons and f u the manner prescrib� by Appl�cable Law. Trastee,
<br />without demand oa Borrower, shall sell the Property at pubI�c suction to the highest bidder a# the time and
<br />place and under the terms designated in fhe notice of sale in one or more parceLs and im any order �5rust�
<br />determines. Trostee may postpone sale af atl or any parcel of f.he Property by public annoimcement at the time
<br />amd place of any previously sr,hednled saIe. Lender or its de.signee m�y purchase tbe Property at any sale.
<br />Upon rece�ipt of papment of the prfEe bid, Trustee shalfl deiiver to the purchaser T�ustce's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be grima fac[e evidence of ihe tnxfh of the statements
<br />made thea�ln. �rustee shall apply the proceeds of the sale in the follow'rng order: (a) to a[I costs and expenses
<br />of exercising the powex of sale, and the sate, includ�Uag the payment of the Trustee's fees actually incurred and
<br />�sonable attorneys' fees as permiited by Applicable Law; Qb) to all sums secured by this Security Instrument;
<br />and (c) any egcess to the person or pPasons legally entitIed ao it.
<br />23. Reconveyance. Upon payment of aIi sums secure3 by this Security Instrument, Lender sha11 request Trustee
<br />to reconvey the Property and. shall surrender this S�urity Insmiment and all notes evidencing debt s�ured by this
<br />Security Iasmament to Trustee. Tz�ustee shall reconvey the Property wittcout warnanty to the person or persons legally
<br />entifled to it. Such person or persoas shall pay any ra;ordation costs. I.ender may charge suc�i person or persons a
<br />fee for rer,�m*eying the Property, but only if the fee is paid to a third parry (such as the Trustee) for services rendered
<br />and the charging of the fee is pez�mztted under Applicable Law.
<br />24. Substitute Trus-tee. Lender, at its option, may from time to time zenaove Trustee and appoint a successor
<br />tzustee to any Trustee appointed hereunder by an instrumern recarded in the county an which this Security Tn,suvment
<br />is recorded. Without conveyance of the P'roperty, the successor trustee shall succeEd to all the title, power and duties
<br />conferred tipon Trustee herein and by Applicable Law.
<br />PlEBRASKA—Single Family—Fannie Mae/Freddie Nlac UNIFORM INSTRUMENT- MERS p�y
<br />Form 3028 1/07 Page 9 of •41 vvww.daanaglc.com
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