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�"�.' 201103029 <br />by this Security Instrument shall continue unchauged. Upon reinstatement by Borrower, this Security Inshument <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 Borrovver. <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 Properiy 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 L,ender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private pariy 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 Environmetttal 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; Itemedies. Lender shall give notice to Borrower prior to aceeleration foIIowing 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 nnmber of days <br />established by Applicable L�w from the date the notice is given to Borrower, by which the def�ult 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 eztent <br />permitted by law, the notice shall further inform Borrovver 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 shalt 6e 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 saIe is invoked, Trustee shall record a notice of default in each county in which any part of <br />the Property is located and shaIl�mail copies of sueh notice in the manner prescribed by Applicable Law to <br />Borrower and to the other pe�sons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public notice of sale to fhe 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 s�le 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, TrusYee 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 ezcess to the person or persons leg�lly 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 seeured 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. Leader may charge such person or persons a fee for reconveying the <br />Properiy, 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 />confened upon Trustee herein and by Applicable L.aw. <br />Request for Notices. Borrower requests that copies of the notice of defauIt and sale be sent to Bonower's address <br />which is the Properly Address. <br />� 2004-2010 Compliance Systems, Inc. EEOB-BD3F - 2010.03.378 <br />Consuma Real Estate - Security Ivs[rument DL2036 Pege 4 of 5 www.compliancesyatems.com <br />