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... �,,, ��� <br />201008473 <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations Secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in che case of acceleration under the section titled TrBnsfer of the Property ar a <br />Sene�cial lnterest in Borrower. <br />Hazardous Suhstances. Barrower shall not cause or permit the presence, use, disposal, storage, or release af any <br />Hazardous Substances on ar in tlie Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences sha11 not apply to the <br />presenc�, use, or storage on the Property of small quantities of Hazardous Substances that are �enerally 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 regulat�ry agency or private party involving the Property and any Hazardous Substance or <br />Fnvironrnental Law of whicli Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation af any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary rern�dial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defrned 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 that relate to health, safety ar environmental protection. <br />Acceleratiun; Ret�iedies. Lender st►all �ive notice to Borrawer prior to �cceleration followfng Borrower's <br />breach of any cnven�nt or agreement in this Secarity Instrument or the Contract under which acceleration <br />is permitted (hut not prior to acceleration under the section titled Transfer of the Property or a Beneficial <br />Cnterest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the det'anit; <br />(b) the action required to cure the default; (c) a date, not less than the minimum number of days <br />established by Applicabl� 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 before the date speci�ed 'tn the notice may result in <br />acceleration of the sums securet� by thia 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 court 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 an or before the date specified in the natice, Lender at its <br />option may require immediate payment in full of all sums secured by thls Secarity Instrument without <br />further demand and may invoke the power of.sale and any other remedies permitted by Applicable Law. <br />To the extent permitted by law, Lender shall be entitled to eollect all expenses incurred in pursuing the <br />r�medies provided in this Section, ineluding, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall recard a notice of default in each county in whicl� any part of <br />the Property is located and shall mail copies of 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 Applicable <br />Law, Trnstee shall �ive public notice of sale to tl�e persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the I'roperty at public auction tn the highest bidder <br />at the time and place and under the terms designated in the notice af sale in one or more parcels and in any <br />order '1'rustee determines. Trustee may postpone sale of all or any parcel of the Praperty by public <br />annauncement at the time and place of any previously scheduled sale. Lender or its designee may purch$se <br />the Froperty at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trastee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the fallawing 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 �ctually <br />iucurred and - reasonable attorneys' fees as permitted by Applic�ble Law; (b) to all sums secured by this <br />Securiry lnstrument; and (c) any excess to the person or persons legally entltled �o It. <br />Reconveya�►ce. Upon paymenc of all sums secured by this Security Instrument and termination of Borrower's right <br />to obtain further advances under tl�e 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 />'I'rustee shall reconvey the Property without warranty to the 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 permitted under Applicable C,aw. <br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded ixi the caunty in wl�ich this Security Instrument is <br />recorded. Without conveyance ot the Praperty, the successor trustee shall succeed ta 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 noCice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />� 2004-2009 Compliancc Systcros, Inc. 002D-67E8 - 2009.123ti8 . <br />Consumcr Reul Estxtc - Sccurity Ii�trumcnt �L2036 Pagz 4 of 5 www.cnmpliancesyxtems.cnm <br />