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200808493
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200808493
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Last modified
12/2/2008 10:31:17 AM
Creation date
10/6/2008 3:01:33 PM
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DEEDS
Inst Number
200808493
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<br />" , <br /> <br />200808493 <br /> <br /> <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 /> <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement ofthis 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 the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing 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 ifno acceleration had occllrred; (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 Property and Borrower'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 ofthe Property or a <br />Beneficial Interest in Borrower. <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 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 ofthe Property. <br /> <br />Borrower shall promptly give Lender written notice ofany 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. <br /> <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic ot 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 />Nebraska that relate to health, safety or environmental protection. <br /> <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breacb of any covenant or agreement in tbis Security Instrument or tbe Contract under whicb 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). Tbe notice sball specify: (a) the default; <br />(b) tbe action required to cure tbe default; (c) a date, not less tban the minimum number of days <br />established by Applicable Law from the date the notice is given to Borrower, by wbicb tbe default must be <br />cured; and (d) tbat flilure to cure the default on or before the date specified in the notice may result in <br />acceleration of tbe sums secured by this Security Instrument and sale 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 rigbt to bring a court action to assert the non-e:rlstence of a default or 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 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 Applicable Law. <br />To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in tbis Section, including, but not limited to, reasonable attorneys' fees and costs of title <br />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 />02004-2007 Copyri8ht COD1>lianc. Systems.ln<. DS1A-AEf7 - 2ilO8.02.266 www.compliancesyslems.com <br />Cnnsumer R..I Est.te . S""urity Instrument D1.2036 Pogo 5 of7 8lXJ..96S-S522 - PIX 616-956-lS68 <br />
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