|
,�. � E� : 2oioa7�s�
<br />address to which payments should be made. The notice will also contain any other information required by
<br />Applicable Law.
<br />Hazardous Substances. Borrawer 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 stora�e on the Property of small quantities of Hazardous Substances that are genarally 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 a�ency or private party involving the Properiy and any Hazardaus Substance or
<br />Environmantal Law of which Borrawer has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatary authority, that any removal or other remediation of azYy Hazardaus 5ubstance 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 5ubstances" 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, materials containing asbestos or formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Environrnental Law" means federal laws and laws of the state of
<br />Nebraska that relate to health, safety or environmental pratection.
<br />Acceleration• Remedies. Lender shall ive not�ce to Borrower rior tv scceleration-fo'����' ��"�'� ' .�
<br />, g p � Borrow¢r's
<br />breach of any covenant ar agreement in this Security Instrument (but; not prior to accel�ration under the
<br />section titled Transfer of the Property or a Bene�cial Interest in Sorrow�x, unl�ss AppIIC��1��L�w provides
<br />otherwise). The natice 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 �.aw 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 speci�ed 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 />speci�ed in the notice, Lender at its optian may require immediate payment fn full of all sums secured by
<br />this Security Instrument without further demand and may invoke the power of sale and any 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 in this Section, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence
<br />If the power of sale is invaked, 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 ta the other persons prescribed by Applicable Law. After the time required by Applicable
<br />Law, Trustee sha11 give public notice af 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 natice of sale in one or more parcels and in �ny
<br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public
<br />announcetnent at the time and place of any previously scheduled sale. Lender or its designee may purchase
<br />the Property at auy 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 />m�de 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 />Reconveyance. LTpon payment of all sums secured by this Security Instiument, Lender shall request 'Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security InstYUment to Trustee. Trustee 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 thixd party (such as the Trustee) for
<br />services rendered and the charging of the fee is pernutted under Applicable Law.
<br />Substftute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee
<br />ta any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrwnent is
<br />recarded. Withaut conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
<br />conferred upon "T'rustee herein and by Applicable Law.
<br />Reqaest for Notices. Borrawer requests that copies of ths notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />� 2004-2009 Compliance Systems, Inc. 002D-8E06 - 2009.12368
<br />Consumer Rcal Estste - Sxurity Instnunent DLZ036 Page 5 0(6 wunv.compliancesystems.com
<br />
|