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�_ii::: <br />,f f <br />fecs to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, [�ender's rights in t1�e Property and Borrower's obligation to pay d�e sums secured <br />by this Security Instruinent shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />anc� th� ob�igations secured hereby shall remain fully effective as iF no acceleratian had occurred. However, this <br />right to reinstate shall not apply itt the case of acceleratian under the section titled Transfer of the Property or a <br />Beneficial Interest in Iiorrower. <br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, stora�e, or r�lease of any <br />IIazardous Substances on r�r in .the Property. Borrower shall not do, nor allow anyone else to do, anytliing affecting <br />the Property thaC is in violation of any Environmental Law. The preceding two sentences shall nat apply to the <br />presence, use, or storage on the Property of small quantities ot Hazardous Substances that are generally recognized <br />to be appropriate to nonnal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other aetion by <br />any governmental or regulat�ry agency or private party involving the Yroperty and any Hazardous Subscance or <br />Enviroiunental Law of which �3�rrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other r�rnediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental I.aw. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by �'nvironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />producta, toxic pesticides and herbicides, volatile solvents, materials containing asbesCt�s or formald�hyde, and <br />radioactive materials. As used in this paragraph, "Enviromnental Law" n�eans federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />Acceler�tion; Remedies. Y.ender shall give notice to Borrnwer prior to acceleration iollowing Borrower's <br />breach of any covenant or agreement in this Seeurity Instrument or the Contract under which �cceleration <br />is permitted (but not prior to acceleration under the section titled Transfer of the Praperty or a Bene�cial <br />Interest in Borrower, unless Applicable laaw provides otherwise). The notice shall specify: (a) the default; <br />(b) tl�e 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 given to Barrower, by which 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 tl►e sums secured by this .Security Instrument and sale of the Froperty. To the extent <br />perrnitted by law, the notice shall further inform Barrower of tlie right to reinstate after acceleration and <br />the right ko 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 b�fore the date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument without <br />furkher 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 pqrsuing the <br />remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If 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 located and shall mail copies of such notice in tlie ntauner prescribed by Applicable Law to <br />Barrower and to the other persnns prescribed by Applicable Law. r�fter 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 Sorrorver, shall sell the 1'roperty 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 Property by public <br />amiouncement at the time and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon r�ceipt of payment of the-}�ric¢bid, Trustee shall cleliver to thc purckaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima fac3e evidence of the truth of the statements <br />made there'rn. Trustee shall apply the proceeds of tl�e 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 Instrr�ment; 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 t3orrower's right <br />to obtain further advances under the Contract, Lender shall request Trustee to recanvey the ProperCy and shall <br />surrender this Security Instrumenc and all contracts evidencin� debt secured by this Security lnstrument 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 nr �arsons a fee for reconveying the <br />Property, but only if the fee is ��aid to a third party (such as the Trustee) for services rendered and tlie charging of <br />fhe fee is p�nnitted under Applicable Law. <br />Substitute Trustee. Lender, at its option, may fr��m time to time remove Trustee and appoint a successor trustee <br />to any 'I'rustee appointed hereunder by an instrument recorded in the county in which this SecuriCy Instrument is <br />recorded. WiChouc conveyance of the Property, the successor trustee shall succeed to all the tifle, power and duties <br />conferred upon Trustee hereiu and by Applicable Law. <br />Kequest far Notices. Borrower requests that copies of the notice of defau1t and sal� be sent to Borrower's address <br />which is the Property Address. <br />�ar 20044009 Compliance Systems, Inc. 002D-A23E - 2009.12368 � <br />Consumer Reul Estttte - Security Ins�rumnnl DI.2036 i'age 4 of 5 www.compliancesyhlems.com <br />