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20120642ti
<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 which then would be due under this Security Instrument
<br />and the Note 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 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 Instrument, Lender's rights in the Properly and Borrower's obligation to pay the surns 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 />Sale of Note Change of Loan 5ervicer. The Note or a partial interest in the Note (together with this Security
<br />Insmiment) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the
<br />entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this 5ecurity
<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, Bonower will be given written notice of the change in accordance with the section
<br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the
<br />address to wluch payments should be made. The notice will also contain any other information required by
<br />Applicable Law.
<br />Hazardous Substances. Borrower shall not cause or pernut the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Properiy, Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Properly 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 />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 parly involving the Property and any Hazardous Substance or
<br />Environmental Law of which Bonower has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substanc defin�s�„�.�,ta�ic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kero�eHe;° otiFzer fla�e�b��€�5��o�zic p troleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials ou �'' �e''s"tt� or fornxsldeh de, and
<br />��� �
<br />radioactive materials. As used in this paragraph, "Environmental Law" 9nea�is=fede�a��'� '�'''� lawsRof t�i_ state of
<br />Nebraska that relate to health, safety or environmental protection.
<br />Acceleration; Remedies. Lender shall give noHce 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 Bene�cial Interest in Borrower, unless Apglicable Law provides
<br />otherwise). The noHce shall specify: (a) the default; (b) the action 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 notice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the
<br />date spec�ed in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sale of the Property. To the eztent 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 non-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 />speci�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by
<br />this Security Instrument without further demand and may invoke the power of sale and any other remedies
<br />permitted by Applicable Law. To the eztent permitted by law, Lender shall be entitled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Section, including, but not limlted to,
<br />reasonable attorneys' fees and costs of title 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 6y Applicable Law. After the time required by Applicable
<br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable
<br />Law. Trustee, without demand on Borrower, shall sell the Property at public suction 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 determtnes. Trustee may postpone sale of all or any parcel of the Property by pubHc
<br />announcement at the tune 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 pri�na 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 />ezpenses 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 ezcess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instnzment, Lender shall request Trustee to
<br />reconvey the Properly and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />� 2004-20ll Compliance Syetems, Inc. 9BAD-E222 - 201 IL2.0.485
<br />Consumer Reel Estete - Security Instrument DL2036 Page 5 of 6 www.complienc�aystems.com
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