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� ; . ya� � �� 2oioo��43 <br />by this Security Instrument shall continue unchanged. Upon reinstatem�nt by Horrower, this Security lnstrument <br />and the obligations secured hereby shall remain fully effective as if no accaleration had occurred. However, this <br />right to rein5tate shall not apply in the case of acceleration under the sectian titled Transfer of the Property or a <br />Beneficial Interest in Borrower. <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 s}aall not do, nar allow anyone else to do, anything affecting <br />the Property that is in violation of any Environrnental Law. The preceding two sentences shall not apply to the <br />presence, use, or sCorage on the Yroperty of small quantities of ECazardous 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 a�ency or private party involving the Property and any Hazardous Substance or <br />�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 rernediation of any Hazardnus Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />�nvironmental I.aw. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Enviromnental I,aw and the following substance5: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials cantaining asbestos or formaldettyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" rneans federal laws and laws of the stace of <br />Nebraska that relate to health, safety or environmental protection. <br />Accelcr�ttion; Remedics. I.ender shall give �iotice to SorrnvVer prior to acceleration followfng Borrower's <br />breach of any covenant or a�;reement in this Security Instrument or the Contract under which acceleratian <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 dxte, not less than the minimum number of days <br />establisl�ed by Applicable I;aw 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 af the sums secured by this Security Instrument and sale of the Property. To the extent <br />permitted by law, the notice shall further inform Borrawer of the right to reinstate after acceleration and <br />the right to bring a court action to assert the non-existence af a default or any other defense of Borrower to <br />accelcrati�m and sale. If the default is not cured on or before the date specified in the notice, I.ender at its <br />option may reqriiwe immediate paymertt in fi�ll of all sums secared by this Security lnstrument without <br />fi�rt!►er demand and may invoke the power of sale and any other remedies perrnitted by Applicable I,aw. <br />To the extent permitted by law, I�ender 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 />I1' the power of sale is invoked, Trustee shall record a natice af default in each county in which any part of <br />th� Yroperty is located and shall mu'rl copies of sucli notice in the manner prescribed by Applicable I�aw to <br />Borrower and to the ather persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Tri�stee 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 Yroperty at public auction to the highest bidder <br />at the time and place and undcr the terms designated in the notice of sale in one or more parcels and in any <br />order 'I'rustee determines. Trustee may postpone sale of all or any parcel of the i'roperty by public <br />annauncement at the time and place of any previously scheduled sale. Lender or its designee rnay purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver ta 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 nf the sale ip 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 �ttorneys' fees as permitted by Appiicable 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 Instrurnent and termination af Barrower's ri�ht <br />to nbtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br />surrender this Security lnstrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br />'1'rustee shall reconvey the Prnperty without warranCy to ihe 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 of <br />the fee is pernlitted under Applicable L,aw. <br />Substitute 'rrustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder Uy 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 thaC copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />�� 2004•2009 Compliancc Systcros, Inc. 002D-7A[]C - 2009.12368 � <br />Consumer Reul Estatc - Sccurity Instrumenf DL2036 Page 4 nf 5 � www.compliancesyslems.cnm <br />