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i � ��..: 201049633 <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <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 do, nor allaw anyone else ta 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 starage on the Propetty of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatary agency ar private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Sorrower has actual knowledge. If Borrower learns, or is noti�ied by any <br />governmental or regulatory authority, that any removal or ather remediation of any Hazardous Substance affecting <br />the Property is necessary, Sorrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances definied as toxic or hazardous substances <br />by Environrnental Law and the follawing substazzces: 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 />Acceleration; Remedies. Lender shall give notice ta Borrower prior to acceleratian following Borrower's <br />breach of any covenant or agreement in this Security Ynstrument (but not prior to acceleration under the <br />section titled Transfer of the Property or a Bene�cial Interest in Borrower, unless Applicabie iraw provides <br />otherwlse). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />nat 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 def$ult on oar before the <br />date speci�ed in the notice may result in acceler�tion of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action ta assert the non-existence of � default <br />ar any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specifled in the notice, Lender at fts option may reqaire immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invake the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice af default in each county In which any part of <br />the Property is located and shall mail copies of such notice in the tnanner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable L�w. After the time required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and In the manner prescribed by Applicable <br />Law. Trustee, without demand on Sarrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order Trastee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee sh$Il deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed sh�ll 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 $11 costs and <br />expenses of exercisin� 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 entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Praperty and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons <br />legally entitled to it. Such pefson or persons shall pay any recordation costs. L;ender iYTay ct'iarge such person or <br />persans a fee for reconveying the Property, but anly if the fee is paid to a third party (such as the Trpstee) for <br />services rendered and the charging of 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 caunty in which this Security Instrurnent is <br />recordad. Without conveyance of the Property, the successor txustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Notices. Borrower reyuests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />� 2004-20D9 Complianue Systcros, Inc. 002D-498p - 2009.12368 <br />Cvosumer Real Estate - Security Instrument DI.2036 Pagc 5 of6 www.compliancesystems.com <br />