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., �, i, "� f" , ,, � <br />2osoo939� <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <br />Hazardous Substanees. Bo�rower 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 do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environrnental Law. The preceding two sentences shall nat apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recagnized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lsnder written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatary agency ar private party involving the Properiy and any Hazardaus Substance or <br />Environmental Law af which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatary authority, that any remaval or other remediatian of any Hazardous Substance affecting <br />the Property is necessary, Barrower shall promptly take all necessary remedial actions in accordance with <br />Bnvironmental Law. <br />As used in this paragraph, "Hazardous Substances" are 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, "Environmental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />� <br />Acceleration; Remedies. Lender shall give notice to Borro�xer prior to acceleration follawing Sorrower's <br />breach of any covenant or agreement in this Security Instruix►ent (but mot priar'Co accelera.tian under the <br />section titled Transfer of the Property or a Bene�cial Interest i�,�.oirbvYer, unless ApplYcable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the actlon required to cure the default; (c) a date, <br />not less than the minimum number of days established by Appticable Law from the date the notice is given <br />to Barrower, by which the default must be cured; and (d) that f�ilure to cure the default on or before the <br />date speci�ed in the notice may result in acceteration of the sums secured by this Security Instrument and <br />s�le of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrawer to acceleration and sale. If the default is not cured on or before the date <br />specifYed in the notice, Lender at its option may require imrnediate payment in full of all sums secured by <br />this Security Instrument without further demand and rnay invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limiited to, <br />reasonable attorneys' fees and costs of title 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 nodce in the manner prescribed by Applicable Law to <br />Sorrower and to the other persans prescribed by Applicable Law. After the tirne required by Applicable <br />Law, Trustee sha❑ 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 auction to the highest bidder <br />at the time and place and under the terms designated in the notIce af sale in one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any p�rcel 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 Property at any sale, <br />Upon receipt of paytnent of the price bid, Trustee shaA delIver to the purchaser Trustes'� deed conveying <br />the Property. The recitals in the Trustee's desd 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) �ny excess ta the person or persons legally entitled tn it. <br />Recanveyance. Upon payznent of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Tnstrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall recanvey ths Property without warranty to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such p�rson or <br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute Truatee. Lender, at its aption, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in tha county in which this Security Instiument is <br />recarded. Without canveyance 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 Notices. Borrower rsquests that copies of the natice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />�i 2004-2009 Compliance Systema, Ine. 002D-975C - 2009.12.368 <br />Consumcr Rcal Estate - Secunty lnatrument DL2036 Page 5 of 6 www.complianccsystems.com <br />