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2012oo�i� <br />Borrower's Right to ReinstaYe. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Insirument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Iaw ma� specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this �Security Instrument. Those <br />conditions are that Bonower: (a) pays Lender all sums wluch then would be due under this Security Instrvment <br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or ageements; (c) <br />pays a11 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instxument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Insirument <br />and the obligations secured hereby shall remain fully effective as if no acceleration had occtured. However, this <br />right to reinstate shall not apply in the case of accelerafion under the section titled Transfer of the Property or a <br />Beneficial Interest in Borrower. ' <br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Properly. Bonower 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 the Property of small quantities, of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental ar regulatory agency or private party involving the Properiy and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any <br />govemmental 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 L,aw. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or tolcic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental L.aw" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. ,� <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to accelerafion following Borrower's <br />breach of any covenant or agreement in this Security Instrument or the Contract under wWch acceleration <br />is permitted (but not prior to acceleration under the secrion tifled Transfer of the Property or a Beneficial <br />Interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; <br />(b) the action required to cure the default; (c) a date, not less than the minimum number of days <br />established by Applicable Law from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result ir� <br />acceleration of the sums secured by this Security Instrument and sale of the Property. To the eztent <br />permitted by law, the notice shaU further inform Borrorver of the right to reins#ate after acceleration and <br />the right to bring a court action to assert the non-ezistence pf a default or any other defense of BorroWer to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br />option may require immediate payment in fuII of aII sums secured by tlus Security Instrument Without <br />Further demand and may invoke the power of sale and any other remedies permitted by Applicable La�y <br />To the eztent permitted by law, Lender shaIl be entitled to collect all ezpenses incurred in purswtng the <br />remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in yvhich any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed py Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public noHce of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the Property at pubt�c auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels 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 sr�le. Lender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trastee's deed conveying <br />the Properiy. The recitals in the Trustee's deed shall be prima facie evidence of the truth of 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 ezercising the power of sale, and the sale, inctading the payment of the 'lYustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Bonower's right <br />to obtain further advances under the Contract, Lender shall request Trustee to reconvey tha Properiy and shall <br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Properly without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />� 2004-20I 1 Compli�ce Systems, Inc. ADCB-6CAE - 2010L3.15.461 <br />Consuma Real Estate - Security Inshument DL2036 Page 4 of 5 www.complimcavyytema.com <br />