|
201502778
<br /> Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest
<br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or �.ransferred and Borrower is not a
<br /> natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
<br /> full of all sums secured by this Security Instrument. However, this option sh.all not be exercised by Lender if
<br /> exercise is prohibited by federal law as of the date of this Security Instrument.
<br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
<br /> period of not less than the minimum number of days established by Applicable Law from the date the notice is
<br /> delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If�orrower
<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, Borrower shall have the right to have
<br /> enforcement of this Security lnstrument discontinued at any time prior to the e:arlier 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 enforcin,; this Security Instrument. Those
<br /> conditions are that Borrower: (a) pays Lender all sums which 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 lirriited to,reasonable attorneys'
<br /> fees to the extent permitted by law; and(d)takes such action as Lender may r��asonably require to assure that the
<br /> lien of this Security Instrument, 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 Inshument
<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.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 rivo 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 norma]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 or regulatory agency o�private party involving the Properi.y and any Hazardous Substance or
<br /> Environmental Law of which Borrower has actual knowledge. If Borro�ver 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, Borrower shall promptiy 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 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 contair►ing asbestos or formaldehyde, and
<br /> radioactive rnaterials. 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 notice to Borrower prior to acceleration following Borrower's
<br /> breach of any covenant or agreement in this Security Instrument or the�'ontract under which acceleration
<br /> is permitted (but not prior to acceleration under the section titled 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 thaii the minimum number of days
<br /> established by Applicable Law from the date the notice is given to Borro�rver, 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 secured by this Security Instrument and sal�� of the Property. To the extent
<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-existence of a default oc�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 fuil of all sums secured by this Security Instrument without
<br /> further demand and may invoke the power of sale and any other remed:ies permitted by Applicable Law.
<br /> To the extent permitted by law, Lender shall be entitled to collect all e;xpenses incurred in pursuing the
<br /> remedies provided in this �ection, 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 defauit in� each county in which any part of
<br /> the Property is located and shall mail copies of such notice in the manne�r prescribed by 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 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 p�ublic 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 ��arcel 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 parchaser 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 /> �2004-2014 Compliance Sys[ems,Inc.FD60-CDES-2013L2.10.1.895 �
<br /> Consumer Real Estate-Security Instrument DL2036 Page 4 of 5 www.compliancesystems.com
<br />
|