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,� ; , p. 5 � ��, � , �. 241048075 <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Sacurity Instrument <br />and the obligations secured hereby shall remain fully effective as if no acceleratian had occurred. However, this <br />right to reinstate shall not apply in tl�e case of acceleratipn under the section titled Transfer of the Property or a <br />Bene�cial Interest in Borrower. <br />Hazardoas Substances. Borcower shall npt cause or perrnit the presence, usc, disposal, storage, or release of any <br />Hazardous Substances on or in the Properiy. 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 shall not apply to the <br />presence, use, or storage on the Property of small quantities af 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 governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knawledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other rem.ediation 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 taxic or hazardous substancas <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 or environmental protection. <br />Acceleration; Rem�edies. Lender shall give notice to Borrower prior to acceleration fotlowing Borrower's <br />breach of any covenant or agreement In thIs Security �nstrument or the Cantract under which acceleration <br />is permitted (but not prior to acceleration nnder the sectian titled Transfer of the Property or a Bene�cial <br />Interest in Borrawer, 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 norice is given to Borrower, by whlch the default must be <br />cured; and (d) that failure to cure the default on or before the date speci�ed in the notice may result in <br />acceleration of the sucns secured by this Security Instrument and sale of the Property. To the extent <br />permitted by law, the notice shall farther lnfortn 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 on or before the date specifIed in the notice, Lender at its <br />option may require immedlate payment in full of all sums secured by this Security 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 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 />If the pawer of sale is invoked, Trustee shall record a notice of default in each county in whYch any part of <br />the Property is located and shall mail copies af such notice !n the manner prescribed by Applicable Law to <br />Barrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give publlc notice of sale to the persons and in the manner preseribed by Applicable <br />Law. Trustee, without demand on Borrower, shall 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 postpane sale of all or any parcel of the Praperty by publlc <br />annoixncement 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 prlce bid, Trustee shall deliver to the .purchaser Trustee's deed conveying <br />the Property. 'I'he recltals in the Trustee's deed shall be prIma facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following arder: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the paytnent of the Truatee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable 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 5ecurity Tnstrument and terminatian 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 Instrument and all contracts evidencing debt secured by this Security Insmiment to Trustee. <br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such persan or <br />persons shall pay any recordatipn casts. Lender may charge suck� 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 pernutted undear Applicable Law. <br />Substitute Trustee. Lender, at its aption, may from time to tizne remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which tkus Security Instniment is <br />recorded. Without conveyance of the Property, the successar trustee sha11 succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Natices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />�r 2004-2009 Complimcc 5ystcros, Inc. 002D-64AE - 2009.12.368 <br />Consumtr Real Estate - Sxurity instrument DL2D36 Pagc A of 5 www.eomplianeesystems.com <br />