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<br />200604011 <br /> <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 Enviromnental 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 /> <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any govermnental 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 />govermnental 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. <br /> <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Enviromnental 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 />Nebraska that relate to health, safety or enviromnental protection. <br /> <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 Contract 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 than the minimum number of days <br />established by Applicable 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 secured by this Security Instrument and sale of the Property. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this Security Instrument without further demand and <br />may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section, including, but not <br />limited to, reasonable attorneys' fees and costs of title evidence. <br /> <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 thep-ersons andin 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. <br /> <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. <br /> <br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right <br />to obtain further 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 />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of <br />the fee is permitted under Applicable Law. <br /> <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. <br /> <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 ot~ or <br />substitution for any or all of the terms 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. <br /> <br />02004.2005 CampHane. Sy".ms. Inc. IC61.228D. 2005.08.128 <br />Consumer Real Esle.le ~ Security Instrument DL2036 <br /> <br />Page 4 of5 <br /> <br />www.compliat.lcesysteri1!j.com <br />800-968-8522 - Fax 616-956-1868 <br /> <br />CSt <br />