|
? 6 �� . 2oii00009
<br />by this Security Instrument shall continue unchanged. LTpon reinstatement by Borrower, this Security Instrument
<br />and the vbligations 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 />Bene�cial Interest in Borrower.
<br />Hazardous Substances. Borrower shall not cause or permit the presence, use, dispasal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else ta da, anything affecting
<br />the Property that is in violation o£ any Environmental Law. The preceding two santences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that au'e 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 govennumental oz' regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Enviranmental 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 necessary remedial actions in accardance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardaus Substances" are those substances defined as toxic or hazardous sabstances
<br />by Environamental Law and the following substances: gasoline, kerosene, other flattua�able or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, matsrials containing asbestos or formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state af
<br />Nebraska that relate to health, safety or environmental protection.
<br />Accele�ation; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrutnent 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 Applteable Law provides otherwise). The notice shall specify: (a) the default;
<br />(b) the action required to cure the default; (c) a date, not less th$n the minimum number 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 speciffed 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 rlght to reinstate after acceleratlon and
<br />the right to br�ng a court action to assert the non-existence of a default or any other defense af Borrower to
<br />acceleration and sale. If the default is not cared on or before the date speci�ed in the notice, Lender at its
<br />option may require immediate payment in full af all surns secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedles 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 limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of s�le is invoked, Trustee shall record a notice of default In each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescrfbed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time requlred by Applicable
<br />Law, 'I'rustee shall give publie noHce 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 nodce 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 tittte 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 shall deliver to the purchaser Truatee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence af 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 payrnent of the Trustee's feea actually
<br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this
<br />Security Instrnment; 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 and termination of Borrower's right
<br />to obtain further advances under the Cantract, Lender shall request Trustee to reconvey the Property and shall
<br />surrender this Secuarity Insmxment and all contracts evidencing debt secured by this Security Tnstrument to Trustee.
<br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or
<br />persans shall pay any recordation casts. I.ender may charge such person or persons a fee for reconveying the
<br />Property, but only if the fee is paid to a thit'd party (such as the Trustee) for services rendered and the charging of
<br />the fee is pernutted under Applicable Law.
<br />Substitute Trustee. Lender, at its option, may from time to time remove �'rustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in wluch this Security Instrument 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. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />� 2004-2010 Compliance Systems, �nc. EE06-2E79 - 20I0.03378
<br />Consumer Real Eatace - Security �na[rumen[ DL2036 Page 4 af 5 www.eomplianeesyatems.com
<br />
|