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- ~ ~ ~ , ~ 2osoos~4o <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <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, '1"he preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Iazardous 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 />F,nvironmental 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 Iazardous Substance affecting <br />the Property is necessary, Borrower sha11 promptly 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 Enviromnental L.aw and the following substances: gasoline, kerosene, other tYanunable or toxic petroleum <br />products, toxic pesticides and I~erbicides, volatile solvents, materials containing asbestos or formaldelryde; and <br />radioactive materials. As used itt 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 tb' acc~l~t°attDn,following 13,orrower's <br />breach of any covenant or agreement in this Security Instrument (tut-•net •pirier to ne~eleration $tnder 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 failure to cure the default on or before the <br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Secnrity Instrument without further demand and may invoke the power of sale and auy other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided i.n this Section, including; but not limited to, <br />reasonable attorneys' fees and casts of title 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 />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 />annowtcement 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 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 casks 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 />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Tnistee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. '1"rustee 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. <br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor tnistee <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 />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is die Property Address. <br />2004.2009 Compliance Systems. Inc. 00217-23b(i - 2009.12.368 <br />Consumer Real Estate -Security Insu~ument UL203(, Page 5 of 6 www.complipncesysletns.com <br />