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�� r: a � :� r� � ., �: 20i008�3� <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <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. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental I,aw. The preceding two sentences shall not apply ta 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 governmental ar regulatory agency or private party invalving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. Tf Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary rem�dial actians in accordance wit1� <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 petrolcum <br />products, toxic pesticides and herbicides, volatile solvents, materials cantauung asbestos or formaldehyde, and <br />radioactive materials. As used in this paragraph, "Enviranmental Law" means federal laws and laws of the state of <br />Nebraeka that relate to health, safety or environmental protection. ° � -- -- •- <br />; <br />Acceleration; Remedies. Lender shall give notice to Borrower pi'ior, to acceleration Borrower's <br />breach of any covenant or agreement in this Security Instrument {�ut not prior to acceleration under the <br />section titled Tra�sfer of the Property or a Bene�cial Interest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action requIred to cure the default; (c) a date, <br />not less than the minimurn number of days established by Applicable Law from the date the notice is given <br />to Sorrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date speci�ed in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. Ta the extent permutted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleratlon and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />speci�ed in the nodce, Lender at its option may require immediate paytnent in full of all surns secured by <br />this Security Instrument without further detnand and may invoke the power af sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to callect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attarneys' fees and casts af title 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 of such notice in the manner prescribed by Applicable Law to <br />Sorrower 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, without demand on Borrower, shall sell the Property at public auction to the higk�est bidder <br />at the time and place and under the terms designated in the notice of sale in ane or more parcels and in any <br />order Trustee determines. Trustee may pastpone sale of all or any parcel of the Property by public <br />annoancement at the titne and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon r�ceipt of payrnent of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Praperty. The recitals in the Trustee's deed shall be prim� facie evldence of the truth of the statements <br />rnade 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 sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Ynstrument; and (c) any excess to the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall r�quest Trustee ta <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall recanvey the Property without warranty to the person or persans <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or <br />persons a fce £or reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute Trustee. Lender, at its option, may fram 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 5ecrxrity Instrument is <br />recorded. Without conveyance of the Praperty, 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. Borrower requests that capies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />aJ 2004-2009 Compliancc Systcros, Inc. 002D-9490 - 2009.12368 <br />Consumer Real Estate - Security Iustrument DL2036 Page 5 of 6 www.compliancesystems.com <br />