|
�0�10645G
<br />Hazardous 5ubstances. 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 5ubstances 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, 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 Bonower 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, Bonower shall promptly take all necessary remedial actions in accorda.nce with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxitc, oz. h�za.rdo.us substanc�s
<br />by Environmental Law and the following substances: gasoline, kerosene, other £lammable or toxic petroleuim
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos �or formaldehyde, a.ud
<br />radioactive materials. As used in this paragraph, "Environmental Law" means �federai •iaws 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 (but not prior to acceleration under the
<br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable 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 minimum number of days established by Applicable Law from the date the notice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the
<br />date specified in the notice may result in acceleration of the sums secured by tlus Security Instrument and
<br />sale of the Property. To the eztent 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 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 egtent permiitted by law, Lender shall be entitled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Section, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee ahall 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 AppHcable Law. After the time required by Applicable
<br />Law, Truatee 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 not3ce 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 pubHc
<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 />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually
<br />incurred and ressonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this
<br />Security Instrument; and (c) any eacess to the person or persons legally entitled to i�
<br />Reconveyance. Upon payment of all sums secured by this Security Instcvment, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instntment and all notes evidencing debt secured by this
<br />Security Instcvment to Trustee. Trustee shall 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 Property, 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 />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 I.aw.
<br />Request for Nol3ces. Borrower requests that copies of the notice of default and sale be sent to Bonower's address
<br />which is the Property Address.
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in all pages of this
<br />Security Instrument and in any Rider executed by Bonower and recorded with it.
<br />o�- o� �� �'' /r ' o� � ��
<br />�� � �
<br />LOREN L DENNH�RDT Date DENI5E K DENNHARDT Date
<br />� 2004-2010 Compliance Syatems, Iac. EEOB-58B6 - 2010.03378
<br />Conaumer Real Eatate - Security Ivatrument DL2036 Pege 5 of 6 www.compliencesyatema.com
<br />
|