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' '� � y ' � 201009380 <br />address to which payments should be rnade. The notice will also contain any ather infarmation required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or pernut the presence, use, disposal, starage, or release of any <br />Haxardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental 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 axe generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Prope�ty. <br />Borrower shall promptly give I,ender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Proparty and any Hazaxdous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Barrower learns, or is notified by any <br />governmental or regulatory authority, that any remaval or other remediation of any Hazardous Substance affecting <br />the Property is nccessary, Borrower shall promptly take all necessary r�medial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are thase 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, "Environmental Law" mea�ns 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 to aCCeleration follawing Sorrower's <br />breach of any covenant or agreement in this Security Instrument (bat not prior to acceleration under the <br />section titled Transfer of the Property or a Bene�cial Interest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required ta cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date specl#'ied in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further Inform Borrower of the right <br />to reinstate after acceler�tion �nd the right to bring a court action to assert the nan-existence of a default <br />or any other defense of Borrower to acceleration and sale. Tf the default is not cured on or before the date <br />speci�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument withaut further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by l�w, Lender sha(1 be endtled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice af default in each county in which any part of <br />the Property is located and shall mail copies of such natice in the manner prescribed by Applicable Law to <br />Borrower and to the ather persons prescribed by Applicable Law. After 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 Sorrawer, shall sell the Property at public auction to the highest bidder <br />at the time and piace and under the terms designated in the notice of sale in one or 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 previausly scheduled sale. Lender or its designee nnay purchase <br />the Property at any sale. <br />Upon receipt of payment of the prxce bid, Trustee shatl 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. Trust�e shall apply the proceeds of the sale in the following order: (a) to all costs and <br />expenses of exercisin� the power af s$le, 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) �ny excess to the person or persans le�ally entitled to it. <br />�econveyance. Upon payment of all sums secured by this Security Instrument, Lender shall rsquest Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidancing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Properiy without warranty to the person or persons <br />legally entitled ta it. Such person or persons shall pay any recordation costs. Lender may charge such person or <br />persons a fee for reconveying the Property, but only if the fee is paid to a third pariy (such as the Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute Trustee. I.,ender, at its option, may from time to time remave Trustee and appaint a successor trustee <br />to any Trustee appointad hereunder by an instrurnent recorded in the county in which this Security Instniment is <br />recorded. Without conveyance of the Property, the successar trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Notices. Iiarrower requests that copiss of the notice of default and sale be sent to Bortower's address <br />which is the Property Address, <br />� 2004-2D09 Complianue Systems, Inc. 002D-7FE.1 - 2009.12368 <br />Coosumer Real �state - Security Instrument DL2036 Page 5 af 6 www.complianecsystcros.com <br />