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�, , � ; x , �. � �� <br />201ioo354 <br />IF Lender exercises this option, Lender sha71 give Borrower notice of acceleration. The notice shall provide a <br />period of not less than the minimuan number of days established by Applicable Law from the date the notice is <br />delivered or rnailed within wliich Borrower musc pay all sums secured by tliis Security instrurnent. If T3orrower <br />fails to pay these sums prior to the expiration of this period, l,ender may invoke any remedies perrnitted by this <br />Security Instrument without fiirfher n�tice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower rneets certain conditions, Borrower shall havc: the right to have <br />enforcement of this Sc:curity Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />p�riod as Applicablc Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this 5ecurity Instrument. Those <br />conditii>ns are Chat Borrower: (a) pays I�ender all sums which then would be due under this Security Instrument <br />and Che (:ontract as if no acce'leratrc�n had occurred; (b) cures any default of any other covenants or agreemeiits; (c) <br />pays all ex�enses incurred in c:nlorcing this Securiry lnstrument, including, but not limited ta, reasonable aftorneys' <br />f'ec;s to tlie extenf permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of lhis Security Inatrumenl, I,ender';� rights in the Property and Borrower's obligation to pay Che sums secured <br />by this Security Instrument ahall 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 ��ot a�ply in the case of acc�leraCion under the section titled Transfer of the Property or a <br />Rene�cial Interest in I3orrawer. <br />Haz�ardnus Substances. Horrower shall not cause or permit lhe presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Yroperty. Borrowar shall not do, nor allow anyone else to do, anything affecting <br />the Property that is iu violation of any Environmental T.aw. The preceding two sentences ahall not apply to the <br />preserace, use, or storage on the Property of small quantit.ies 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 natice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private parEy involving the Property and any Hazacdous Substance or <br />Environmental Law of' which 13orrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental crr regulatory authority, that any removal or other rem�diation of any Hazardous Substance affecting <br />the Properry is necessary, Borrower tihall promptly take all necessary rernedial actiony in accordance with <br />�nvironmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances de�ned as toxic or hazardous substances <br />by F'.nviro��mental Law and the fi�llowing substances: gasoline, kerosene, otl�er flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solv�nts, materials cvntaining asbestos or formaldehyde, and <br />radioactive materials. As used in this paragraph, "Fnviromnental T.aw" means federal laws and laws of the state nf <br />Nebraska that relate to hcalth, �afcty or envirorunental protection. <br />Acceleration; Remedies. I,ender shall give notice to Borrower prior to acceleration fnllowing Borrower's <br />brcach of any covenant or ttgreente��t in this Security Instrument or the Contract ander which acceleration <br />is permitled (but not prior to acceleration under the section titled Transfer of the Property or a Beneficial <br />Interest in liprrawer, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; <br />(b) the action reqrrIred to cure tlie deFarrlt; (c) a date, not less than the minimum nuntber of days <br />established by Applicable Law from the date the notice is given tu Borrower, by which the default must be <br />cured; and (d) that fail��re to cure the defAUlt �n or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of tl�e Property. To the extent <br />permitted by law, the notice shall fi�rther inform Borrower of the right to reinstate aftcr acceleration and <br />the right to bring a court action to assert the non-existence of x 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 without <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 pr��vided in tlais Section, including, but not limited to, reflsanable attar��eys' tees and costs of title <br />evidence, <br />If the power of sale is invoked, Trastee shall record a nr�tice of default in each county in which any part of <br />the 1'roperty is located •and shall mail copies af such nntice in the manner prescribed by Applicable I,aw to <br />Borrower and to the other 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 prescribed by Applicable <br />I,aw. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the tiine f�nd placc xnd imder tt►e terms designated in thc notice of sale in one or more parccls and in any <br />or�ier Trustee deter�nines. '1'rustee may postpone sale of a11 or any parcel of the Property by public <br />annnunccment at the time and place of any previuusly scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of tl�e price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trr�stee's deed 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 />expenscs of exercising lhe power uf sale, and the sale, including the payment of the Trustee's fees actr�Ally <br />incurred and reasonahle attorneys' fees as permitted by Applicable laaw; (b) to all sums secured by tliis <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />?9 2UU4-2010 Compliance Systems, Inc. ki1f013-AP61� - 2UIU,U3378 . , <br />Cunson�icr Rcxl Estatc - Sccurity Insvument UI Pagc 4 of 5 � www.complia�icesystems.trnn <br />