� �. � � ; .
<br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower
<br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
<br />Security Inst7ument without fiirther notice or demand on Borrower. �
<br />Borrower's Right tv Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
<br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other
<br />period as Applicable Law may 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 Borrower: (a) pays Lender a11 sums which then would be due under tius Security Instrument
<br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreemettts; (c)
<br />pays all expenses incurred in enforcing this Security Tnstrument, including, but not limited to, reasonable attomeys'
<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 tlus Security Instrument, Lender's rights in the Property and Bonower's obligation to pay the sums secured
<br />by this Security Ittshument shall continue unchanged. Upon reinstatement by Bonower, 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 sectian tifled Transfer af the Property or a
<br />Beneficial Tnterest 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 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 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 governmetttal or regulatory agency or private party involving the Properly and any Hazardous Substance or
<br />Environmental Law of which Bonower has actual knowledge. If Bonower learns, or is notified by $ny
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary, Borrower shall promptly take a1i necessary remedial actions in accordance with
<br />Environmental Law.
<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 toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Environmental I.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 �cceler�tion folloWing Bor#�ower's
<br />breach of any covenant or agreement in this Secnrity Instrument or the Contract under w1►ich acceleratiom
<br />is permitted @ut not prior to acceleration under the section titled Transfer of the Property or � Beneficial
<br />Interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) tbe def�ult;
<br />(b) the action required to cure the defanit; (c) a date, not less than the minimum number of d&ys
<br />established by Applicable Law from the date the notice is given to Borrowe�, by v�vhich the default mast be
<br />cured; and (d) that failure to cure the default on or before the d�te specified in the notice may xesul� in
<br />acceleration of the sums secured by this Security Instrument and sale of the Property. To the extent
<br />permitted by Iaw, the notice shall further inform Borrower of the right to reinstate after acceleration �nd
<br />the right to bring a court action to &ssert the non-existence of a default or any other defense of Borrovyer 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 full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable LaW.
<br />To the extent permitted by law, Lender shall be entitled to collect all ezpenses incurred in pursuing the
<br />remedies provided in this Section, including, bnt 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 vvhich any par� of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Lavy to
<br />Borrower and to the other persotts prescribed by Applicable Law. After the time required by Applicable
<br />Law, Trustee shall giv� public notice of sale to the persons and in the manner prescribed by Applicable
<br />Law. Trustee, withont demand on Borrower, shall sell the Property at public auction «o 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 �ny
<br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Proper�y by public
<br />announcement at the time and place pf any previonsly scheduled sale. Lender or its designee m$y purchase
<br />the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee ahall deliver to the purchaser Trustee's $eed conveying
<br />the Property. 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 egercising the power of sale, and the sale, including the payment of the Trustee's fees actually
<br />incurred and reasonable attorneys' fees as permitted 6y Applicable LaW; (b) to all sums secured by this
<br />Security InstrumenY; and (c) any excess to the persun or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Securiry Insinunent and termination of Borrower's right
<br />to obtain futther advances under the Contract, Lender shall request Trustee to reconvey the Property and shall
<br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trustee.
<br />O 2004-2011 Compliance Systems, Inc. ADCD-BFH3 - 2010L1.IS.q61
<br />Consumer Rwl Estate - Security Instn�ment DL2036 Page 4 of 5 www.compliancesystemg.com
<br />
|