|
�01106497
<br />contained in this Security Instrument; or (b) entry of a judgment enfarcing this Security Instrument. Tho�e
<br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrume�t
<br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (ic)
<br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorne�s'
<br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that t$e
<br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums securgd
<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, t�}is
<br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or r�
<br />Beneficial Interest in Borrower.
<br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of a�y
<br />Hazardous Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything afFecti�g
<br />the Properiy that is in violation of any Environmental Law. The preceding two sentences shall not apply to th�
<br />presence, use, or storage on the Properiy of small quantities of Hazardous Substances that are generally recogniz � d
<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 l�y
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance �r
<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 affectii�g
<br />the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance wii
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as tolcic or hazardous substanc',es
<br />by Environmental L,aw and the following substances: gasoline, kerosene, other flammable or toxic petroleu�m
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, a�d
<br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state f
<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 acceleratiqu
<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 shall specify: (a) the defau�t;
<br />(b) the action required to cure the default; (c) a date, not less than the minimum number of days
<br />established by Applicable Law from the date the notice is given to Borrower, by which the default must �e
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result �n
<br />acceleration of the sums secured by this Security Instrument and sale of the Property. To the egte�;t
<br />permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration a�}d
<br />the right to bring a court action to assert the non-e�stence of a default or any other defense of Borrower ko
<br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at i�ts
<br />option may require immediate payment in full of all sums secured by this Security Instrument withoµt
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Layv.
<br />To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing t�e
<br />remedies provided in this Section, fncluding, but not limited to, reasonable attorneys' fees and costs of titl�
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part f
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law �o
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicab�e
<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 raay 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 conveyi��
<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 aqd
<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 t�s
<br />Security Instrument; and (c) any excess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's ri t
<br />to obtain fiurther advances under the Contract, Lender shall request Trustee to reconvey the Property and s 1
<br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trus e.
<br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person r
<br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying e
<br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging f
<br />the fee is pernutted under Applicable Law.
<br />Substitute Trustee. Lender, at its option, may from time to rime remove Trustee and appoint a successor h'ust e
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which tlus Security Instrument is
<br />C� 2004-2011 Complience Systems, Iac. ADCD-AECO - 2010L1.15.46I
<br />Consumer Real Estate - Security Instrvmeat DL2036 Page 4 of 5
<br />
|