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�'' , �. �oioo�39� <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 of the Property or a <br />Bene�cial Interest in Borrower. <br />Hazardaus Substances. Borrower shall nat cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in thc Property. Bozrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental L.aw. Tha preceding twa sentences shall not apply to the <br />presence, use, or storage on the Property of srnall quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Baarrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatary agency or privat� party involving the Property and any Hazardous Substance or <br />Environmental Law of which Boarrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or ather remediation of any Hazardous Substance affecting <br />the Property is necesSary, Borrower shall promptly talce 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 Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, rnaterials containing asbestos or farmaldehyde, and <br />radioacti�e mate�ials. As used in this �ara� "�n�ironmental Law" uieana federal laws ana laws of the state af <br />Nebraska that re�ate to health, safety or environmental protection. <br />Acceleratian; Remedies. Leuder shal� give notice to Borrower prior to acceleratiou following Borrawer's <br />breach of auy 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 Bene�cial <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 rninimurn 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 speci�ed in the noHce may result in <br />acceleration of the surns secared by this Security Instrument and sale af 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 right to bring a coart action to assert the nou-eaustence 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 immedYate payrnent in full of all sums secured by this Security Instrument without <br />farther 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 callect a11 expenses incurred in pursuing the <br />remedies provided in this Sectian, 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 caunty in which any part of <br />the Property Is located and shaU mail copies of such notice in the manner preseribed by Applicable Law ta <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, 'Trustee shall give publjc 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 auctiou to the highest bidder <br />at the time and place and under the terms designated in the notice af sale fn one ar more parcels and in any <br />order Trustee determines. Trustee may postpone sale af 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 />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 ahall :.pply the proceeds of Ch� sate in the following order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payment af the Trustee's fees actually <br />incurred �nd reasouable attorneys' fees �s permitted by Appllcable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to jt. <br />Reeonveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right <br />to obtain fi�rther advances under the Contract, Lender shall request Trustee ta 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 warr�anty 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 af <br />the fee is permitted under Applicable Law. <br />Subatitute 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 txustee shall succeed to all the titie, 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 the Property Address. <br />� 2004-2009 Compliauce Syafems, iuc. 002D-820E - 2009.12368� � � � ' � <br />Conaumer Real Eatete - Sxurity Instrument DL2036 Page 4 of 5 � � www.complianceaystema.com <br />