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201100977 <br />Borrower's Right to Reiustate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Iiistrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property p.ursuant to any power of sale <br />contained in 'this Securiry Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent pertnitted bylaw; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this SecurityTnstrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obli�ations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reins'tate shall not apply in the case of acceleration under the section titled Trausfer of the Property or a <br />Beneficial Tnterest in Borrower. � � <br />Hazardous Substances. 13orrower 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 allow anyone else to 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 storage_ on the Property 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 proniptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Properry 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 Properry is necessaiy, Borrower sl�all promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: 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 safe�y or environmental protection. <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument or the Contract under whicli acceleration <br />is permitted (but not prior to acceleration under the section titled Transfer of the Property or a Bene�eial <br />Interest in Borrower, unless Applicable Law provides otherwise). The notice shail specify: (a) the default; <br />(b) the action required to cure the default; (c) a date, not less than the minimum ni►mber of days <br />established by ApplicaUle Law from the date the notice is given Co 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 tlie sums secured by this Security Instrument and sale of the Property. To tlie extent <br />permitted by law, the notice shall fiirther inform Borrower of the right to reinstate after acceleration and <br />the right to briiig a 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 />ogtion may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke tlie 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 tlie <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 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 prescrii�ed by Applicable Law. After the time required by Appiicabte <br />Law, Trustee shall give public notice of sale to the persons an�l in the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the Property at pubiic 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 parcets and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />annowicement 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 tl�e price bid, Trustee shall deliver 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� tl�erein. Trustee shall apply the proceeds of the sale in the following ord�r: (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 tl�is <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 and termination of Borrower's right <br />to obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br />surrender this Security Tnstrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Sucl� person or <br />persons shall pay any recardation costs. Lender may charge such person or persons a fee for reconveying the <br />R� 2004-2010 CompLiance Systems, Inc. EBOB-2FSE - 2010.03378 , � <br />Consumer Real Estate - Security Instrmnent DL2036 Page 4 of 5 www.compliancesys[ems.com <br />