Laserfiche WebLink
q �. ! . <br />201008209 <br />liy this Security Instrument sha�l continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obli�ations secured hereby sl�all remain fully et�'ective as if no acceleration had occurred. However, tl�is <br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer af the Property or a <br />Rene�cia[ �`nterest in Borrower. <br />IIazardaus Substances. Borrawer sha11 not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any �nviromnental Law. 'I'he 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 ta normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigatian, claim; demand, lawsuit or other action by <br />any gavernmental or regulatory agency or private party invalving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowled�;e. If Borrower learns, or is notified by any <br />�overnmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br />the Pro�erly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />�nvirorunental Law. <br />As used in Cliis paragraph, "Hazardnus Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petmleum <br />products, toxic pe5tic;ides and herbicides, volatile solvents, materials eontaining asbestos or formaldehyde, and <br />radiaactive materials, As used in this paragraph; "Environmei�tal Law" �neans federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />Acceleration; Remedies. Lender shal.l give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument ar the Contract under which acceleration <br />is permitted (but �ot prior to acceleration ►�nder the section titled Transfer of the Property or a Bene�cial <br />Interest in Bc�rrower, unless Applicable Law provides otherwise). "I'he 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 />estahlished by Applicable Law from the date the notice is given ta Borrower, by which the default must be <br />cured; and (d) that f�ilure to cure the default on or before the date specified in the notice may result �n <br />acceleratinn of the sums 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 court action to assert the non-existence of a default or any ather defense of Borrower to <br />acceleration and sale. If tl�e default is not cured on or before the date specified in the notice, Le�tder at its <br />option may reyuire immediate payment in full ot' 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 I.aw. <br />T� the extent perntitted by law, l.ender 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 />lf the power of sale is invoked, Trustee shall record a notice nf default in each county in which any part of <br />the Property is lacaCed and shall mail copies of such notice in tl�e 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. Trustee, withaat demand on Barrower, shall sell the Property at public auctian tn the highest bidder <br />at the time and place and under the terms designated in tlie notice of sale in one or more parcels and in any <br />order '1'rustee deCermines. 7'rustee 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 />tl►e Property at any sale. <br />C7pon receipt of payment of the price bid, Trustee shall deliver to the purchaser 'I'rustee's deed canveying <br />the Property. The recitals 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 order: (a) to all costs and <br />expenses of exercising the power of sale, and the s�le, including the payment of the Trustee's fees actually <br />incurred and reasanahle attorneys' fees as permitted by Applicable Law; (b) to aNl sums secured by this <br />Security Instrument;' and (c) aity excess to the person or persons legally entitled to it. <br />Reconveyance. Upon payinent of all sums secured by this Security instrument and termination of Borrower's right <br />to ,abtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and sliall <br />surrender this Security Instrument and all cantracts evidencing debt secured by this Security Instrurnent to Trustee. <br />Trustee shall reconv�y the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs, Le►ider may charge such person or persons a fee for recnnveying 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 />th� fee is permitted under Applicable Law. <br />Substitute Trustee. l.,ender, at its option, may frorn time to time remove Trustee and appoint a successor trustee <br />to any Trustee 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 upon Trustee herein and by Applicable Law. <br />Reqaest for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />� 2004-2009 Compliance Systems, Inc: 002D-BOOD - 2009.12368 . � . <br />Consumcr Rcxl Estatc - SccuriCy inxfrument Di..2036 � 1'age 4 of 5 �wvw.eompGanoesystzms.com <br />