|
, ' � � � . , . , .
<br />�0120062�.
<br />lien of this Security Instrument, Lender's rights in the Property a� Bonower's ohligation to pay the sums secured
<br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument
<br />and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
<br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a
<br />Beneflcial Interest in Borrower. .
<br />Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
<br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the
<br />entity (lmown as the "Loan Servicer") that collects periodic payments due under the Note and this Security
<br />Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is
<br />a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section
<br />ritled Not3ces and Applicable Law. The notice will sta.te the name and address of the new Loan Servicer and the
<br />address to which payments should be made. The notice will also contain any other information required by
<br />Applicable Law.
<br />Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the
<br />presence, use, or storage on khe Properly of small quantiries of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property.
<br />Sonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Bonower has actual knowledge. If Boaower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous 5ubstance affecting
<br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazazdous Substances" are those substances defined as toxic or�hazardous substances
<br />by Environmental Law and the following substances: gasoline, kero�ane,�oth� �la�mable<<or�toacic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials�coutainint� �ts�SCos'�a� fortnaldek�de, and
<br />radioactive materials. As used in this paragraph, "Environmental La,w" ��^�':f��'.�a�ars-a`�:1aws of � state of
<br />Nebraska that relate to health, safety or environmental protection.
<br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under the
<br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the aclion required to cure the default; (c) a date,
<br />not less than the minimum number of days established by Applicable Law from the date the uotice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on ar before the
<br />date specified in the notice may result in acceleration of the sums secured by this Security Iustrument and
<br />sale of the Property. To the egtent permitted by law, the notice shall further inform Borrower of the right
<br />to reinstate after acceleration and the right to bring a court action to assert the noA-existence of a default
<br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date
<br />specified in the notice, Lender at its option may require immediate payment in full of aU sums secured by
<br />this Security Instrument without further demand and may invoke the power of sale and auy other remedies
<br />permitted by Appllcable Law. To the eztent permitted by law, Lender shall be entitled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Sectton, including, but not limited to,
<br />reasonable attorneys' fees and costs of Htle evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by AppHcable Law. After the time required by Applicable
<br />Law, Trustee shall give public notice of sale to the persons and in the manner preseribed by Applicable
<br />Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder
<br />at the time and place and under the terms designated in the notice of sale in one or raore pareels and in any
<br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public
<br />announcement at the time and place of any previously scheduled sale. Lender or its desi$nee may pnrchase
<br />the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of tbe truth af the statements
<br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and
<br />expenses of egercising the power of sale, and the sale, includ�tng the payment of the Trustee's fees actually
<br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to aA sums secured by this
<br />Security Instrument; and (c) any ezcess to the person or persons legally enHtled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender sball request Trustee to
<br />reconvey the Property and shall surrender this Security Instrurnent and all notes evidencin� dBbt secured by this
<br />Security Instxument to Trustee. Trustee shall reconvey the Properiy without warranty to ths person or persons
<br />legally entitled to i� Such person or persons shall pay any recordation costs. Lender may charge such person or
<br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for
<br />services rendered and the charging of the fee is permitted under Applicable Law.
<br />� 20042011 Compliance Syatems, Inc. ADCD-461 A• 2010L1.15.461
<br />Coasumer Real Estate - Security Inswmeut DL2036 Page 5 of 6 www.compliancesystems.com
<br />
|