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. � Y � ��,- ' �i 201009241
<br />fees to the extent pernutted by law; and (d) takes such action as Lender may reasonably require to assure that the
<br />lien of this Security Instrument, I,ender's rights in tk�e Property and Borrower's obligation to pay the sums secured
<br />by this Securiry Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security InsUument
<br />and the obligations secured hereby shall retnain fully ef�'ective as if no acceleration had occurred. However, this
<br />�ight to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a
<br />Bene�cial Interest in Borrower.
<br />Hazardous Substances. Sorrower shall not cause or pernnit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything affecting
<br />the Property that is in violation o£ any Environmental Law. The preceding two sentences shall n.ot apply to the
<br />presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance o£the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any governznental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knawledge. If Borrower leams, 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 nacessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substanc�s
<br />by Environmental Law and the following substances: gasoline, kerasene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or farmaldehyde, 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 environtnental protection.
<br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration 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 Transfer of the Property or a Beneflclal
<br />Intewest in Borrower, unless Applicable Law 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 L�w from the date the notice is given to Borrower, by which the default mast be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Security Instrutnent and sale of the Property. To the extent
<br />permitted by law, the natice shall further Int'orm Borrower of the rlght 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 the default is not cured on or before the date specified in the notice, Lender at Its
<br />option may require immediate payment in fall of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies perm.itted by Applicable Law.
<br />To the extent permitted by law, Lender shall be enHtled ta collect all expenses incurred in pursuing the
<br />remedies provided in this Section, including, but not llmited to, reasonable attorneys' fees and costs af title
<br />evidence.
<br />�f the power of sale is invoked, Trustee ahall record a natice of default in each county in which any part of
<br />the Property is located and shall mail copies af such notice in the 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, Trnstee 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 aucdon to the highest bidder
<br />at the time and place and under the terms designated in the notice of sale in one or more p�rcels and in any
<br />arder 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 prevlously scheduled sale. Lender oc its designee may purchase
<br />the Property at any sale.
<br />Upan receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<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 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) any excess ta the person or persons legally entitled to it.
<br />Reconveyanee. Upon payment of all sums secured by this Security Instiument and termination of Borrower's right
<br />to obtain further advances under the Contract, L.ender shall request Trustee ta reconvey the Property and shall
<br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Insmunent to Trustee.
<br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled ta it. Such person or
<br />persons shall pay any recordation costs. L�nder may charge such person or persons a fee for reconveying the
<br />Fraperty, 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 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 />Request for Notiees. Borrower requests that copies of the notice of default and sale be sent to $orrower's address
<br />which is the Property Address.
<br />� 2004-2009 Compliance Systems, Inc. 002D-2819 - 2009.12.368
<br />Cansumer Real Eatate - Security instrument DL2036 Page 4 0£5 www.compliaucesystems.eom
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