r ; .;,�< ,;° 201009755
<br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument
<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 section titled Transfer of the Property or a
<br />Benefici�l Interest in Borrower.
<br />Hazardous 5ubstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Bonrower shall not do, nor allow anyone else to do, anything affectin�
<br />th� 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 are generally recognized
<br />to be appropriate to nornaal residential uses and to maintenance of the Property.
<br />Borrowar shall promptly give Lender written notice of any inve�tigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower 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 />the Property is necessary, Borrower shall promptly take all rtecessary remedial actions in accordance with
<br />�nvironmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br />by Environmental Law and the followixtg substances: gasoline; kerosene, ather 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 to Borrower prior to acceleration following Sorrower'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 Beneficial
<br />Interest in Sorrower, 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 nurnbear of 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 speci�ed in the notice may result in
<br />acceleration of the sums secured by this Security Instrument and sale of the Property. To the extent
<br />permitted by law, the notice shall further inform Borrower of the right to reinstate xfter acceleration and
<br />the right to bring � court action 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 or before the date specified in the notice, Lender at its
<br />option may require immediate payment in full of all sums secured by this Security Instrument wathont
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br />To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the
<br />remedies provided in this Section, including, but not licnited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />�f 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 lacated and sha11 mail copies of such notice in the rnanner prescribed by Applicable Law to
<br />Sorrower 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 prescxibed by Applicable
<br />Law. Trustee, without demand on Borrower, shall sell the Property at public suction to the highest bidder
<br />at the time and place and under the terms designated 'rn the nntice of sale in one or more parcels and in aqy
<br />order Trustee determines. Trustee rnay 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 ntay purchase
<br />the Property at any sale.
<br />Upon recefpt of payment of the price bid, Trustee shall dellver 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 af the sale in the foNlowing 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 to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment o£ all sums secured by this Security Instrument and termination of Borrower's right
<br />ta obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall
<br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trustee.
<br />Trustee shall reconvey tk�e Property without waarranty 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 f�e for reconveying the
<br />Property, but only if the fee is paid to a third party (such as the Trustee) far ��rvices rendered and the charging of
<br />the fee is perrnitted 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 />recnrded. 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 Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />� 2004-2009 Compliancc Systems, Inc. 002D-4922 - 2009.12368
<br />Consumer Real estate - Seeurity Instn�ment DL2036 Pagc 4 of 5 www.compliancesystems.com
<br />
|