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'ra. " : '�- � ` ` 201�07850 <br />address to which payments should be made. The notice will also contain any other information requzred by <br />Applicable Law. <br />Hazardous Substances. Borrower shall nat cause or pertnit the presence, use, dispasal, storage, or release of any <br />Hazardous Substances on or in the Froperty. Barrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation af any Environmental Law. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Properiy of small quantities o£Hazardaus Substances that are generally recognized <br />to be appropriate to normal residential usss and ta maintenance of the Property. <br />Borrower shall promptly give I,ender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory ag�ncy or private party invalving the Property and any Hazardnus Substance or <br />Enviranmental Law of which Sorrower has actual knowledge. If Barrawer learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall 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 hazardaus 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 ar formaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. .� :,...,..,.�.., ,..�,.M.......,.._. .... .......... •.., <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to �cceleration following Borrower�s <br />breach of any covenant or agreemeut in this Security Instrument (but npt prior ta scceleratidn under the <br />section titled Transfer of the Property or a Bene�cial Interest in Sorrower, uinless Applicable Law provides <br />otherwise). The notice shall specify: (a) the defanit; (b) the action required to cure the default; (c) a date, <br />not less than the mtnimum number of days established by Applicable L�w 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 nnay result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent peranitted by law, the notice shall further inform Borrower of the right <br />to relnstate after acceleradon 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 Security Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent perrnitted by law, Lender shall be entftled to collect a11 <br />expenses incurred in pursuing the remedies provided in this Section, ineluding, but not limited to, <br />reasonable attorneys' fees and costs 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 />_ _._ .... <br />the Property is located and shall mail copies of such notice Yn the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the tirne 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, sha11 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 />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at �ny 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 '�rustee's deed shall be prirna facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the fallawing order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payrnent of the Trustee's fees actu�lly <br />incurred and reason�ble attorneys' fees as permitted by Applicable Lavv; (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 payrner►t of all sunns secured by this Security Instiument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instniment and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee sha11 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 raay charge such person or <br />persons a fee far 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 pernxitted under Applicable Law. <br />Substitute Trustee. Lender, at its option, znay fram time to time removc Trustee and appoint a successor trustee <br />to any Trustee appainted hereunder by an instrument recarded 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 Barrowar's address <br />which is the Property Address. <br />� 2004-2009 Campliancc Systcros, Inc. 002D-14EB - 2009.12.368 <br />Conaumer Real Estate - Sxurity Insenunent PI.2036 Page 5 oF6 www.compliancesystems.com <br />