|
� � � - � � 2oii000lo
<br />address to which payments should be made. The notice will also contain any other information required by
<br />Applicable Law.
<br />Hazardoas Substances, Borrower shall not cause or permit the presence, use, disposal, �tara�e, or release of any
<br />Hazardous Substances on or in the Property. Borrowsr shall not do, nor allow anyane elae to da, anything a£fecting
<br />the Property that is in violation of any Environmental Law. The preceding two sentencea shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />ta be appropriate to normal residential uses and to maintenance of the Praperty.
<br />Borrowar shall pramptly 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 Property and any Haxardous Substance or
<br />Enviranmental Law of which Bprrower has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediatinn of any Hazardous Substance affecting
<br />the Property is necessary, $orrower shall promptly take all necessary remedial actions in accardance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as taxic ar hazardous substances
<br />by Environmental Law and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleurn
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbsstas ar formaldehyde, and
<br />radioactive materials. As used in this paragraph, "Enviranmental Law" means federal laws and laws of the state of
<br />Nebraska that relate to hsalth, safety or environxnental protection.
<br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratian fpllosving Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under the
<br />section titled Transfer of the Property or a Beneficisl Interest in Borrower, unless Applicable Law provides
<br />atherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date,
<br />not less than the minimum number of days established by Applicable Law from the date the notice is g�ven
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or befare the
<br />date speci�ed in the notice may result in acceleration of the sums secured by this Secnrity Instrument and
<br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right
<br />to reinst$te �fter acceleration and the right to bring $ court action to assert the non-existence of $ def�ult
<br />or any other defense of Borrower to acceleration and sale. If the default is not cured an or before the date
<br />specified in the notice, Lender at its option may require immediate payment in fall of all sums secured by
<br />this Security Instrument withaut farther demand and may 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, bat not limited to,
<br />reasonable attorneys' fees and casts af 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 mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable
<br />Law, 'I'rustee shall 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 auctian 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 Trustee determines. 'I'rustee may pastpone sale of all ar any p�rcel of the Property by public
<br />�nnouncement 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 shall deliver to the purchaser Trnstee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prirtta facie evidence of the truth of the statements
<br />mac�e...�1e1'ein. Trustee shall apy�ly,. t.h�_..�.�oceeds of the sale in the following order: (a) to all costs and
<br />expenses of exercising the power of sale, and the sale, includtng the payment of the Trustee's fees actually
<br />incurred �nd reasonable attorneys' fees as permitted by Appllcable Law; (b) to all sums secured by this
<br />Security Instrument; and (c) $ny excess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Secuxity Instrument, Lendcr shall request Trustee to
<br />reconvey the Property and shall surrender this Security instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. 7'rustee shall reconvey the Property without warranty to the person or persans
<br />legally entitled to it. Such person or persons shall pay any recardation costs. Lender may charge such person or
<br />persons a fee for reconveying the Property, but only if the fee is paid ta a third party (such as th� Trustee) for
<br />services rendered and the charging of the fee is permitted under Applicable Law.
<br />Substitute Trustee. Lender, aC 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 />recorded. Withaut 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 Notiees. 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 Compliance $yslems, Inc. 002D-948F - 2009,12,368
<br />Consumer Rcal Es�a[e - Security Inslrument DL2036 1'age 5 of6 www.compliancesyste�ns.eom
<br />� � �
<br />
|