|
�a1105�i�
<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 fn 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. Bonower shall not do, nor allow anyone else to do, anything affecting
<br />the Property that is in violation of any Environmental I.aw. The preceding two santences shall not apply to the
<br />presence, use, or storage on the Properly of small quantities of Hazardous Substances that aze 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, claun, demand, lawsuit or other action by
<br />any governmetttal or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environrnental Law of which Borrower has actual knowledga. 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 Properly is necessary, Borrower shall promptly taka 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 Bene�cial
<br />Interest in Borrower, unless Applicable Law provides otherwise). The notice sh�all specify: (a) the default;
<br />(b) the acrion required to cure the defatilt; (c) a date, not less than the miuimum 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 raay result in
<br />acceleration of the sums secured by this Securiry 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 aetion 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 ut 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 shaII be entitled to collect all ezpenses inc�rred in pursuing the
<br />remedies provided in this Section, including, bat 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 shal� 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 deecl 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 tlus
<br />Security Instrument; and (c) any excess to the person or persons IegaIly entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right
<br />to obtain furthar advances under the Contract, Lender shall request Trustee to reconvey the Property and shall
<br />sunender this Securiry Instrument and all contracts evidencing debt secured by this Security Instrument to Trustae.
<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 reconveyiug the
<br />Properiy, but oxily if the fee is paid to a third pariy (such as the Trustee) for services rendered and the charging of
<br />the fee is permitted under Applicable Law.
<br />Snbstitute 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 ritle, power and duties
<br />conferred upon Trustee herein and by Applicable Law.
<br />Request for Notices. Borrower requests that copies of the norice of default and sale be sent to Borrower's address
<br />which is the Properly Address.
<br />OO 2004-20I0 Compliance Systems, Inc. EEOB-AFC I- 20I0.03378
<br />Consumer Real Estate - Security Instrument DL2036 Page 4 of 5 www.complienoesys[ems.com
<br />
|