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24100924�
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<br />pays all expenses incurred in enforcing this Security Instxument, including, but not limited to, reasonable attomeys'
<br />£ees to the extent pernutted by law; and (d) talces such action as Lender may reasonably require to assure that the
<br />lien of this Security Instrurnent, I.ender's rights in the Froperty and Borrowcr's obligation to pay the sums secured
<br />by this Security Instniment shall continue unchanged. Upon reinstatement by Borrower, this Security Tnstrument
<br />and the 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 sectian titled Transfer of the Property or a
<br />Bene�cial Interest in Borrower.
<br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower shall not da, nor allow anyone else to do, anything affecting
<br />the Property that is in violation of any Enviroiutxental Law. The preceding two sentences shall nat apply to the
<br />presence, use, ar 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 Froperty.
<br />Borrower shall promptly give L.ender written notice of any investigation, claim, damand, lawsuit or other action. by
<br />any gove�xvnental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Bor.rower has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting
<br />tbe Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. -...._ . __. . .
<br />As used in this paragraph, "Hazardous Substances" arc those substances 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 containing asbestos or formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Environznental 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 Borrower prior to acceleradon following Borrower's
<br />breach of any covenant or agreetnent in this $ecurity Instrument or the Contract under which acceleration
<br />is permitted (but not priar to acceleration under the section titled Transfer of the Paroperty or a Beneficial
<br />Interest in Borrower, unless Applicable Law provides atherwise). The notice sha11 specify: (a) the default;
<br />(b) the action required to cure the default; (c) a date, not less than the mintrnum number ot' days
<br />established by Applicable Law from the date the notice is given to Borrower, by which the default must 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 thfs Security Instrument and sale of the Property. To the extent
<br />permitted by law, the notice ahall further inform Borrower of the right to reinstate after acceleration and
<br />the right to bring a court �ction 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 ar before the date specified in the natice, Lender at lts
<br />option may require immediate payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br />T'o the extent permitted by law, Lender shall be entitled ta collect all expenses incurred in pursuing the
<br />remedies provided in this Sectlon, 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 of default in each county in which any part of
<br />the Property is located and shall m�il copies of 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, Trustee shall give public notfce of sale ta the persons and in the manner prescribed by Applicable
<br />Law. Trustee, without demand on Borrower, shall sell the Property at publlc auction to the highest bidder
<br />�t the time and place and under the terms designated 1ux the natice of sale in one or mora parcels and in any
<br />order Trustee determines. Trastee 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 desfgnee may purchs�e
<br />the Property at any sale.
<br />Upon receipt of payment nf 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 facle evidence of the truth af the statements
<br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all casts 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 to the person or persons legally enHtled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right
<br />ta obtain fiirther advances under the Contract, Lender shall request Trustee to reconvey tha 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. L.ender may charge such person or persons a fee for reconveying the
<br />Property, but only if the fee is paid ta 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 Trust�e 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 />� 2004-2009 Compliance Systems, Inc. 002D-ASCS - 2009.12.368
<br />Consumer Real Estatc - Sceurity Instt'ument PL2036 PaQe 4 of S www.compliaoccsysteme.eom
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