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�r�' f� � �� � E 2oioossoi <br />by this Security Instrument sl�all continue unchanged. Upon reinstatement by Bdrrower, this Security Instrument <br />and Che obligations 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 acceleration under the section titled Transfer of the Property or a <br />Seneficial Interest in $orrower. <br />I�aza�rdoas Substanees. Borrower shall not cause or permit fhe presence, use, disposal, storage, or release of any <br />Hazardous Substances an or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property Chat is in violation of any Environrnental Law. The 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 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 privat� party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authoriCy, that any removal or other remediation of any Hazardous Substance affecting <br />the Prnperty is neces5ary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in tlus paragraph, "Hazardous Substances" are those sixbstances defined 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 contai.ning asbestos or formaldehyde, and <br />radioactiva 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 />A�c�leration; Remedies. Lender shall give notice ta Borrower prior to $cceleration followin� Borrawer's <br />breach of any cc�venant or agreement in this Security Instrument or the Contract under which acceleration <br />is permitted (but not prior to acceleration under the section titled Transfer of the Property or a Bene�cial <br />Interest in �orr�wer, unless Applicable Law provides otherwise). The notice sh�il specify: ($) the default; <br />(b) the action required ta cure the default; (c) a date, not less than the minirnum number of days <br />established by Applicable I�aw from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) lhat failure to eure fhe default on or beFore the date speci�ed in the notice may 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 to reinstate after acceleration and <br />the right to bring a court action to assert tl�e non-existence of a default or any other defense af Borrower to <br />�cceleration and sale. If the default is not cured on or before the d$te specified in the notice, Lender at its <br />optian may require immediate payment in full of all sums secured hy this Security Instrument without <br />further demand and may invoke tl�e pawer of sale and any other remedies permitted by Applicable Law. <br />'To the eztent permitted by law, Lender shall be entitled to collect all expenses incurred In pursuing the <br />remedies provided in th'rs Section, including, but not limited to, reasanable attorneys' fees and costs of title <br />evidence. <br />�f 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 af such natice in the rnanner prescribed by Applicable Law to <br />Borrower and to the other persans prescribed by Applicable I.aw. After the time required by Applic�ble <br />l,aw, 7'rustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. "I"rustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the tern�s designated in the notice of sale in one ar more parcels and in any <br />order Trustee 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 l'raperty at any sale. <br />Upon receipt of payment of the price bid, Trustee sha11 deliver to the purchaser Trustee's deed conveying <br />the Property. '['he recitals in the '1'rustee's deed sh�ll be prima facie evidence of the truth of the statements <br />made .therein. Trustee shall apply the proceeds of the sale in tl�e following order: (a) to all costs and <br />expenses of exercising th� power nf sale, and the sale, including the payment of the Trustee's fees actually <br />'tttcurred 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 Security instrument 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 cantracts evidencinb debt secured by this Security Instrument to Trustec. <br />1'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. I�ender inay charge such person or persons a fee for reconveying the <br />Prpperty, 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 Co time remove Trustea and appoint a successor trustee <br />to any TrusCee appointed hereunder by an instrument recorded in the county in wluch this Security InsCrument is <br />recorded. Without conveyance of the Property, the successor crustee shall succeed to all the title, power and duties <br />conferred upon Trustee h�rein and by Applicable Law. <br />Request for Notiees. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />�ia 2004-2U�y Complisnce Sysle�ns, Inc. 002A-A2FB - 2009.12368 <br />Consuma Rcal Estate - Security Insuvmeait bL203G Page 4 of 5 w�vw.evmpliancesystems,com <br />