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•' � �� � � � 201008425 <br />by this' Security Tnstrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrurnent <br />and tTie ohligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleratian under the section titled Twansfer of the Property ar a <br />Seneficial Interest in Borrower. ' <br />Hazardous Substances. Borrower shall not cause or permit tl�e 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 vivlation of any Environmental Law. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantitiey 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 governm�ntal or regulatory agency or private party involving the Property and any Hazardous Substance or <br />�,nvironmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or re�ulatory authority, that any removal or other remediaCion of any Hazardous Substance affecting <br />the Property is necessary, }3orrower sha11 prornptly take all necessary rem�dial actions in accordance with <br />E;nvironrnantal Law. <br />As used in tl�is paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environnaental Law and t}�e following substances: gasoline, kerosene, other fla,mmable or toxic petroleum <br />produccs, 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; Remedies. Lender shall give notice to Borrawer prior to acceler�tion following Borrower's <br />breach of any covenant or agreement in this Security Instrument or the Contract under which acceleration <br />is permitted (but not prior to acceleration under the section titled 'I'ransfer of the Property or a Bene�cial <br />Interest in Borrower, unless Applicable I�aw 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 notice is giveai to Borrower, by which the default must be <br />cured; and (d) tl�at failure to cure the default on or before the date speci�ed in the notice rnay result in <br />acceleration 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 ta reinstate after acceleration and <br />the right to bring a cnurt action to assert the non-existence of a default or any other defense of Sorrower to <br />acceleration and sale. If the default is not cured on ar before the date specified in the notice, Lender at its <br />option may require immediat� payment in fuli of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other rernedies permitted by Applicable Law. <br />To the extent permitted by law, Lender sha1M be entitled to collect all expenses incurred in parsuing the <br />rernedies provided in this Section, including, hut not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />1f the power of sale is invoked, Trustce sliall record a notice of default in each county in which any part of <br />the Yroperty is located and. shall mail copies of such notice in the m�nner prescribed by Applicable Law to <br />Borrawer and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />I�aw, '�"rustee shall give public notice of sale to the persons and in the manner prescriped by Applicable <br />Law. '1'rustee, without demand on Borr�wer, shall sell the Property at public auction to the highest bidder <br />at the tirne and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order 7'rustee determines. Trustee 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 />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. Tl�e 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 followin� order: (a) to all costs and <br />expenses of exercising the power of sale, and tlte 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 Instrument; and (c) a�ty excess to the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security lnstrument and termination 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 Instrument to Trustee. <br />Trustee 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 />Properry, 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 Law. <br />Substitute Trustee. Lender, at its option, may from time to tirne remc�ve Trustee and appoint a successor trustee <br />to any Trustee appoinced hereund�r by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Froperty, the successor trustee shall 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 tlie notice oF default and sale be sent to Aorrower's address <br />which is the Property Address. <br />�4� 2004-2009 Compliancc Systems, Inc. 002U-C85B - 2009.12.368 <br />Cnnsumer Reul �stule - Sceurity Instrum�vt DL2036 Page 4 nf 5 www.compliancesystems.com <br />