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<br />200602982
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<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.
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<br />Borrower 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 and any Hazardous Substance or
<br />Environmental Law of which Borrower 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, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
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<br />As used in this paragraph, "Hazardous Substances" are those substances defmed 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 Law" means federal laws and laws of the state of
<br />Nebrasia\ that relate to health, safety or environmeptal protection.
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<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 (but not prior to acceleration under the
<br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides
<br />otherwise). The notice 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 failUi"e1ti'~'bW'm't'tf~rriuni>n or before the
<br />date specified in the notice may result in acceleration of the sums secure~.;byJhisSecurit,r.lnstrument and
<br />sale of the Property. The notice shall further inform Borrower of the righttb. reinstatlf'afteracceleration
<br />'. . ..-,I,ll.: "~~~ L"".'il!:~:::;l~~~.:,.o,.,,"~,\,. '....: '.,,'.
<br />and the right to bring a court action to assert the non-existence of a default or any other defense of
<br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable
<br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />Section, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
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<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 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 public 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 sale. Lender or its designee may purchase
<br />the Property at any sale.
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<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 />expenses of exercising 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 excess to the person or persons legally entitled to it.
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<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or
<br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for
<br />services rendered and the charging of the fee is permitted under Applicable Law.
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<br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
<br />conferred upon Trustee herein and by Applicable Law.
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<br />Oral Agreements Disclaimer. An agreement as defined by Nebraska Statutes must be in writing to be enforceable
<br />under Nebraska law. To protect the parties from any misunderstandings or disappointments, any contract, promise,
<br />undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection
<br />with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or
<br />'substitution for any oran of the tems or provisions of any instrument or document executed in connection with
<br />this loan of money or grant or extension of credit, must be in writing. Oral Agreements Disclaimer. This Security
<br />Instrument represents the final agreement between the parties and may not be contradicted by evidence of prior,
<br />contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between
<br />the parties.
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<br />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
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<br />iC 2004.2005 Comphance Systems. Inc, I C61.9185 . 2005.08.128
<br />Con~\..Imer Real Estate. Security Imtl'urnent DL2036
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<br />www.compliancesystems.com
<br />800.968.8522. F.. 616.956.]868
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