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� � ��1204463 <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Bonower 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 tlie Property pursuant to any power of sale <br />contained in tlus Security Instrument; or (b) entry of a judgment enforcing this Security.Instrument. Those <br />condirions are that Borrower: (a) pays Lender all sums wluch then would be due under this Security Instrument <br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, 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 af this Security Instrument, Lender's rights in the Property and Bonower's obligation 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 />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 Property. 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 aze generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Bonower 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 anat any Hazardous 5ubstance or <br />Environmental Law of wluch Borrower has actual lmowledge. If Bonower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substaace 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, "Hazardous Substances" are those substances defined as toxic or hazazdous substances <br />by Environmental I,aw 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 Law" 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 nol3ce to Borrower prior to acceleratton following Borrower's <br />breach of any covenant or agreement in th�ts Security Instrument or the Contract nnder which acceleraHon <br />is permitted (but not prior to acceleration nnder the aection tiitled Transfer of the Property or a Beneficial <br />Interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the defaWt; <br />(b) the action required to cure the default; (c) a date, not less than the minimum namber of days <br />established by AppHcable 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 in <br />acceleration of the sums aecured by this Security Instrument and sale of the Property. . To the eztent <br />permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and <br />the right to bring a court action to assert the non-ezistence of a default or any other defense of Borrower to <br />acceleradon and sale. If the default is not cured on or before the date specit3ed 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 AppHcable Law. <br />To the eztent permitted by law, Lender shall be entitled to collect all ezpenses incurred in pursuing the <br />remedies provided in this Section, including, but not lim�ited 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 which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed by AppHcable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the t3me required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and in th� �an�er pressrfllb� by Applac�ble <br />Law. Trustee, without demand on Borrower, shall sell the Property at public suctlon to the highest bidder <br />at the time and place and under the terms designated �ln the notice of sale in one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcet of the Property by public <br />announcement at the time and place of any previously scheduled sale. 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 Trustee's deed 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 />egpenses of ezercising the power of sale, and the sale, including the payment of the Trustee'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 egcess to the peraon or persons legally entitled to it <br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right <br />to obtain fiuther advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br />surrender this Security Instrument aad all contracts evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Properiy without warranty to the person or persons legally entitled to it. Such person or <br />o zaoa-zm � cA�u� s���, �. 9snn-nso - zoi iLZ.o.ass <br />Consumer Real Estaze - S�urity Instrumwt DL2036 Pege 4 of 5 www.compliencesyeteme.com <br />