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_ � . ., �: : : 2oioo�742 <br />address to which payr��ents should be made. �['he nocice will also coaitaizi ariy otlier informalion reyuired by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or per►nit the pcesence, use, disposal, storage, or release of any <br />FIazardous Substances on or in the Yroperty. Borrower shall ��ot do, nor allow anyone else to do, aa�ything affecting <br />the Property that is in violation of any Fnvironmental Law. T'he preceding t.wo sentences shall not apply to the <br />presence, use, or storage on the k'coperty of small quantities of f-Iazardo«s Substance� that are generally rea7gnized <br />to be ap�rc�priate to normal residential uses and to ma.iuCenance of tlie Property. <br />Borrower shall promptly give Lender writtea� notice of any investig�tion, CIc�lYTl, demand, lawsuit or otl�er action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Suhstance or <br />Envirorunental Law of wliich Borrower I18S actual knowledge. lf L3orrowec� leatns, or is notified by any <br />gc�vermnental ar regulatory authority, d�at any removal or othec remediation of any Hazardous Substance affeeting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordattce with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substan.ces" are those substances defit�ed as toxic or hazardous subst�Taces <br />by �,nvironmental Law and the following substances: gasoline kerosene, c�ther flamnnable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos c�r f��rmaldehyde, and <br />radioactive materials. As used in this paragraph, "�;nvironmenCal Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environn�ental protection. <br />Acceleration; Remedies. Lender shall give notice to Borrower pri�'r to �cceleratiat fu�.lo.,wing Bprrower's <br />breach of any covenaaat or agreement in this Security Instrument (I�ut'not prior td Acceleration nnder the <br />sectinn kitled '1'ransfer of tl�e Property or fl Bene�cial Interest in Bm�rower, unless App,�ci►,ble I.,a� provides <br />otherwise). 77ie notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />not less than the minimum numher of days establisl�ed by Applicable Law tro►n tl�e date the not'rce is �iven <br />tu Borrower, by which tl�e default nu�st be cured; nnd (d) that failure to cure tlie default on or before the <br />date speci�ed in Ct►e notice may result in acceleration of the sums secured by this Security Instrurr�ent fl��d <br />sale of the Property. 'I'o the extent permitted by IAw, the notice shall further i�iform Borrower of the right <br />to reinstate after acceleration and the ri�ht to brin� a court action to assert the non-existenc� of a default <br />or any other defense of Borrower to acceleration and sale. If the default is nc►t cured on or befnre the dnte <br />specified in the notice, Lender at its optio�a may require immediAte pnynient in full of all su�aas secured by <br />this Security Instrument witl�o��t further demand and may invoke the power of sale and any other rernedie� <br />permitted by Applicable I,aw. 'Io the extent permitted by law, I�ender shall be e��titled to collect all <br />expenses iaacurred in pursning the remedies provided in tbis Section, including, but not limited t�►, <br />reasanable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, 'l'rustee shall record a notice of default in each cou�tty ia wl�ich any part of <br />tlie Property is located and shall mail copies of such notice in the manner prescrihed hy Applicable Law to <br />Borrower and to the otheC persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public notice af sale to the persons and in the ma�uier prescribed hy Applicable <br />LAw. Trustee, without demand on Borrower, sliall sell the Property at public auctinn to the highest bidder <br />at the time And place and ua�der the terms designated in the notice of sale in one ar more parcels and in aaiy <br />order T'rustee determines. Trustee may postpone sale of all or any parc�l of tlae Property by public <br />announcement at the time and pls�ce of �ny previqusly scheduled sale. .[..ender oir its designee may purchase <br />the Property at any sale. <br />Upo�� receipt of payment of the price bid, Trustee shall deliver to tlie purchaser Trustee's deed conve,yin� <br />the Property. The recitals in the Trustee's deed shall be prima facie evtdence ��f the truth of the statements <br />made therein. Trustee shall apply t1�e praceeds af tlie sale in tlie following order: (a) to alt costs and <br />expenses ��f exercisi�ig thc power of sale, and tl�e sale, including the payment of the Trustee's fees actually <br />incurred and reasanable attor►ae,ys' fees as permitted by Applicable Law; �b) t� all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally eaatitled ta it. <br />Reconveyance. Upon payment of all sums secured by diis Security Instrument, Lender shall request Trustee tc> <br />r�cc�nvey the Property and shall surrender this Security Instrument and all notes evide�icing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey tlie Property without warranty to the per�on or persons <br />legally entitled to it. Such person or persons shall pay �ny recordation costs. (,ender 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 ae t�ie Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute 'I'rustee. Len.der, at. its option, may from time to tizne remove Trustee and appoint a successor truGtee <br />to any T'ruslee appointed hereunder by an instrument recorded in the county in which tl�is Security lnstnunent is <br />recorded. Witl�out conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee hereixi and by Applicable [,aw. <br />Request for Notices. Borrower requests tliat copies of the aaotice of default and sale be senl to Borrower'G address <br />which is the Property Address. <br />¢? 20O4-2(109 Cnmpliance Sys�ems. Inc 002U-BL.bC . 2009.12.3G8 . . . . <br />Cnnsumer Real Ectate - Security Instrument DL2036 Pagc 5 of 6 � � www.complianccsystcros.com <br />