|
�, � , , ,, � , 20i008025
<br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the surns secured
<br />by this Security Instrument shal1 continue unchanged. Upon reinstatement by Borrower, this Security Instrument
<br />and the obligations tiecured hereby shall remain fully effective as if no acceleration had occurred. However, this
<br />right to reinstate shall not apply in the case of acc�leration under the section titled Transfer af the Property or a
<br />Beneficial Interest in Borrower.
<br />Hazardous Substances. Borrower shall not cause or perrnit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. F3orrower staall not do, nor allow anyone else to do, anykhing 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 storage on the Property of small quantities of Hazardous 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 gavernmental or regulatory agency or private party involvin� the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower iaas actual knovvledge. If Borrower learns, or is noti�ed by any
<br />governmental or regulatory auchority, that any removal or other rernediation o£ any Hazardous Substance aftecting
<br />the Property is necessary, Borrower shall �romptly 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 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, "Environmental Law" means federal laws and laws of the state of
<br />Nebraska tliat relate tn health, safety or environmental protection.
<br />Acceleration; Remedies. Lender sl�all give notice to Borrower priar to acceleration following Sorrower's
<br />hreach of any covenant or agreement in this Security Instrament or the Contract under which acceleration
<br />is permitted (but not prior tn acceleration under the sectian 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 minimum 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 hefore the date speci�ed in the notice may result in
<br />acceleration of tl�e sunis secured by this Security Instrument and sale of 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 caurt action to assert the non-existence 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 speci�ed in the notice, Iaender at its
<br />oprion may require immediate payment in full of all sums secured by this Security Instrument wZthout
<br />further demand and may invoke the power of sale and any other remedies pertnitted by Applica6le Law.
<br />Tu the extent permitted by law, Lender shall be entitled ta collect all 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 county in which any part of
<br />the Property is located and shall mail copies af such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicabte
<br />I�aw, 'Trustee shall give public noticc of sale to the persons and in the manner prescribed by Applicable
<br />Lxw. Trustee, without demand on Borrower, shall sell the Froperty at public �uction 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 a►td 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 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 prirna facie evidence at' the truth of the statements
<br />made therein. '1'rustee shall apply the proceeds of the sale in the fnllowing order: (a) to all costs and
<br />expenses of exercising the power of sale, �nd the sale, including the payment of the Trustee's fees actually
<br />iucarred and reasanable attorneys' fees as permitted by Applicable l.aw; (b) to all sums secured by this
<br />Security lnstrument; and (c) any excess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all suins secured by this Security Instrument and termination of Borrower's right
<br />to obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall
<br />surrender this Security Tnstrument and a11 contracts evidencing debt secured by this Security Instrument to Trustee.
<br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or
<br />p�rsons 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 7'rustee) for services rendered and the charging of
<br />the fee is permitted under Applicable Law.
<br />Substitute Trustee. Lender, at ics option, may from time to time remove Trustee and appoint a successor trustee
<br />to any 'I'rustee appointed hereunder by an instrument recorded in the county i►i which this Security Instrurnent 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. 13arrower requests that capies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />�'> 2004-2009 CompGance Systems, Inc. 002D-2AEB - 2009.12368
<br />Consumer Real Estatc - Securiiy [nstrument �L2036 Ptigc 4 of 5 www.COmpli+ulC�ystcm�.com
<br />
|