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<br /> <br /> <br /> <br /> <br /> <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 /> Beneficial Interest in Borrower. <br /> Hazardous Substances. Borrower 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 promptly 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 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 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, safety 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 which acceleration <br /> is permitted (but not prior to acceleration under the section titled Transfer of the Property or a Beneficial <br /> Interest in Borrower; 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 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 specified 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 after acceleration and <br /> the right to bring 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 /> 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 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 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 /> 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 notice 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 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 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 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 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 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 Instrument 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. Such person or <br /> persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br /> Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of <br /> the fee is permitted 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 /> recorded. 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 /> © 2004-2010 Compliance Systems, Inc. EEOB-3539 - 2010.03.378 <br /> Consumer Real Estate - Security Instrument DL2036 Page 4 of 5 www.compliancesystems.com <br />