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„M �01�03345 <br />. � �. � .. <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <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 t�►at 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 othei action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Bonower has actual lmowledge. If Bonower 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 accDrdance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances” aze 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, ma,terials containing asbestos or formaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" means federallaws 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 (buf not prior to accelerat�on under: the <br />sect3on t�tled Transfer of the Property or a Beneficial Interest in Borrower, unless Agplicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />not less than the mimtmum number of days established by AppHcable Law from the date the notice is given <br />to Borrower, by w}uich the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the not3ce may result in accelerat3on of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-e�lstence of a default <br />or any other defense of Borrower to accelerai3on and sale. If the default is not cured on or before the date <br />specitied in the not'rce, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the eztent permitted by law, Lender shall be entitled to collect all <br />egpenses incurred in pursuing the remedies prov�tded in this Secl3on, including, but not limited to, <br />reasonable attorneys' fees and costs of 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 copiea 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 reqnired 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 lughest bidder <br />at the �me 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 deHver 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 />ezpenses of egercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable a�torneys' fees as permitted by ESppHcable Law; (t�) to all sums secnred by tleis <br />Security Instrument; and (c) any egcess to the person or persons legally entitled to it <br />Reconveyance. Upon payment of all sums secured by this Security Instiument, Lender shall request I �Trustee to <br />reconvey the Property and shall surrender this Security Insttvment and a11 notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee ahall reconvey the Property without warranty to the person or persons <br />legally entitled to i� Such person or persons shall pay any recordation costs. Lender may charge such person or <br />persons a fee for reconveying the Properly, but only if the fee is paid to a third party (such as the Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Subst3tute 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 instnunent recorded in the county in wluch 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 Nohces. Bonower requests that copies of the notice of default and sale be sent to Borrower's address <br />wluch is the Property Address. <br />m 2004-2010 Complienco Syetems, Iuc. BHOB-A6EF - 2010.03.378 <br />Coosumer Real Hataze - Se�wity Instrumeu[ DL2036 Page 5 of 6 <br />www.campliancavyatems.com <br />� <br />