� b ;..:, � 2Q110347�
<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. Bonower 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 wluch 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 Substanc� affecting
<br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accorc�ance with
<br />Environmental I,aw. ��
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous'substances
<br />by Environmental L,aw and the following substa,nces: gasoline, kerosene, other flammable or toxic. petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formald�hyde, and
<br />radioactive materials. As used in this paragraph, "Environmental Law" means federallaws and laws of �he state of
<br />Nebraska that relate to health, safety or environmental protection. �
<br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleral3on following Borrower's
<br />breach of any covenant or agreement in th�ts Security Instrument (but not prior to acceler�tion ;under the
<br />secHon tifled Transfer of the Property or a Beneficial Interest in Borrower, uniess AppLtcable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action req�r'ired to cure th� _default; (c) a date,
<br />not less than the minimum number of days establiahed by Applicable Law from the date the notice is given
<br />to Borrower, by which the default musY be cured; and (d) that fa�lure to cure the default on or before the
<br />date speciFied in the notice may result in acceleration of the sums secured by t.�is Security Instrument and
<br />sale of the Property. To the egtent 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�stence of a default
<br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date
<br />specified in the notice, Lender at its option may require immetliate gayment 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 egtent permitted by law, Lender shall be entifled to collect all
<br />egpenses incurred in pursuing the remedies provided in this Secl3on, including, but not l�nn�ited to,
<br />reasonable attorneys' fees and costs of title evidence. � ;;
<br />If the power of sale is invoked, Trastee shall record a notice of default in each county in which ;
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applica
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Law, Trustee shall give public notice of saie to the persons and in the manner prescribed by
<br />Law. Trustee, without demand on Borrower, shall sell the Property at pnblic auct3on to the higl
<br />at the t3me and place and under the terms designated in the notice of sale in one or more parcels
<br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property
<br />announcement at the time and place of any previously scheduled sale. Lender or its designee ma;
<br />the Property at any sale.
<br />part of
<br />Law to
<br />:st bidder
<br />nd in any
<br />�y public
<br />purchase
<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 there�tn. Trustee ahall apply the proceeds of fhe sale in the following order: (a) to a11 costs and
<br />egpenses of exercising the power of sa1e, and the sale, including the payment of the Trustee's fees actually
<br />�ncurred and reason�ble attorneys' fees as permitted by Applicable Law; (b) to all sunns secured by this
<br />Security Inatrument; and (c) any egcess to the person or persons legally ent3tled to i�
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property aad shall surrender this Security Instivment and all notes evidencing debt secured by this
<br />Security Inshvment to Trustee. Trustee shall reconvey the Property without warranty to the person or persons
<br />legally entitled to it Such person or persons shall pay any recordation costs, Lender may charge sucH person or
<br />persons a fee for reconveying the Properiy, but only if the fee is paid to a third party (such as the T�rustee) for
<br />services rendered and the charging o£ the fee is permit�ed under Applicabla Law.
<br />ed
<br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a succe� trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security ent is
<br />recorded. Without conveyance of the Properiy, the successor trustee shall succeed to all the title, pow jand duties
<br />conferred upon Trustee herein and by Applicable Law. ,
<br />Request for Notices. Borrower reqnests that copies of the notice of default and sale be sent to Borrow�,r's addrass
<br />which is the Property Address. I
<br />O 20042010 Compliance Systeme, Iuc. EEOB-ICEB - 2010.03378
<br />Cot�umer Real Estatc - S�uity Inauumeot DL2036
<br />Pege 5 of 6
<br />www.campliancesyetems.com
<br />
|