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\' � <br />#� `, y �� p; � k B . � <br />201008072 <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secured hereby shall remain fully et�ective as if no acceleratiori laad occurred. However, tk►is <br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property ar a <br />Sene�cial Interesf in Borrower. <br />Hazardous Substanees. Borrowar sha11 not cause or permit fhe presence, use, disposal, storage, or release of any <br />Hazardaus Substairces on or in the Property. B�rrower shall not do, nor allow anyone else to do, anything affecting <br />the Property Chat is in violation of any Environmental Law. The preceding two sentences sha11 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 governrnental or regulatory agency or private party involving the Properiy.and any Hazardous Subatance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulaCory authority, that any removal ar other remediatian of any Hazardous Substance affecting <br />the Property is necessary, Bnrrower shall promptly take all necessary remedial actions in accordance with <br />Enviranmental Law. <br />As used in this paragraph, "Hazardous Substances" are thnse substances defined as toxic or hazardous substances <br />by Environmental I.aw and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile salvents, tnaterials 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 that relate to health; s�fety or environmental protection. <br />Acceleration; Remedies. Lender shall give notice to Barrovver pri�r to accelerAtion following Borrnwer's <br />breach of any covenant or agreement in this Sect�rity lnstrument or the Contract under which �cceleration <br />is permitted (but not prior tn acceleration under the se¢tion titled 'Transfer of the Property or a Bene�cial <br />Interest in Borrower, unless Applicable Law provides otherwise). The nnt'tce shall specify: (a) the default; <br />(b) the action required to cure the default; (c) a date, nat less than the rninimum nurnber of days <br />established by Applicable Law from the date the notice is given to Borrower, by wliich the default must be <br />cured; and (d) that failure ta cure the default on or before tlie date speci�ed in the notice may result in <br />acceleration of tlie sums secured by tliis Security Instrument and sale of the Property. To the extent <br />perrnitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and <br />the right ta bring a court action to assert the non-existence of a default or any ather defense of Borrower ta <br />acceleration and sale. lf the default is not cured on or before the date speci�ed in the notice, Lender at its <br />option. may require immediate payment in full af all sums secured by this Security Instrument without <br />further clemand and may invok� the power of sale and any nther remedies pertnitted by Applicable Law. <br />To the extent permitted by law, Lender shall be entitled to callect 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 />If the power af sale is invoked, Trustee shall record a nutice of default in each county in which �ny part of <br />the Property is lacated and shall mail copies of sucl� 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 Applicable <br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. 'Crustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the timc and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order Trustee deterrnines. Trust�e may postpone sale of $11 or any parcel of the Property by public <br />announcernent 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 1'rustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply t1�e prpceeds of the sale in the following order: (a) to $11 costs and <br />expenses of exercising the power of sale; and the sale, including the payment of the Trustee's fees actualiy <br />incurred and reasnnable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />SecuriCy Instrument; and (c) any excess to the person ar persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination af Borrower's right <br />to obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br />surrender Chis Security Tnstrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Prope.rty withouc warranty to the persan or peraons legatly entitied to it. Such person or- <br />persons shall pay any recordation costs. I,ender may charge such person or persans a fee for reconveying the <br />Properiy, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of <br />the f�e is permitted under Applicable I.�aw. <br />Substitute Trustee. Lender, at its option, may fi time to time remove Trustee and appoint a successor trustee <br />to any '1"rustee appointed hereunder by 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 upc�n Trustee herein and by Applicable Law. <br />Request t'ur Notices. Borrower requests that copies of the notice of deFault and sale be sent to Bor► address <br />which is the Properiy Address. <br />�C� 2ppq-20p9 ('ompliance Systeuvs, Inc. 002D-9874 - 2009.12368 �� <br />Consumer Iteal Bstate - Security Insnvmcnt �L2036 T'age 4 of 5 wutiv.complianetvyslems.cnin <br />