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200903993
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5/22/2009 2:59:55 PM
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5/22/2009 2:59:54 PM
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DEEDS
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200903993
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200903993 <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 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 Property and $orrowcr's obligation to pay the sums sccurcd <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations sccurcd 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 $orrower. <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. $orrower 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 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 or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Harrower 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 />lnvironmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic ar 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, "Invironmental 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 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 Dumber 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. To the extent <br />permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and <br />bhc right to bring a court action to assert the non-existence 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 auy other remedies permitted by Applicable Law. <br />'I'o the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section, 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 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 />Harrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />L,aw, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />1:.aw. 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 mare parcels and in auy <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />® 2004-2008 Copyright Cn~liance Systems, Inv. 74GD-8DP7 - 2008.10.289 www.compliancesys[ems.com <br />Conawner Real Cstale - Security inswmenl ~L2036 Page 5 of 7 SW-968.8522 -Fax GIG-956.1868 <br />
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