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�0�107732 <br />contained in this Security Tnstrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are thax Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Contract as if no acceleration had occurred; (b) curas any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys' <br />fees to the extent permitted by law; and (d) takes such acrion as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue uachanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secured hereby shall remain fully effecrive 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 in Borrower. <br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous 5ubstances 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 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 paRy involving the Property and any Hazardous Substance or <br />Environmental L,aw of which Borrower has acival 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 accordance with <br />Environmental Law. <br />As used in this paragaph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other #lammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials. As used in thi.s 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 ahall 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 Beneflcial <br />Interest iin Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; <br />(b) the action requ3red to cure the default; (c) a date, not less than the minimum number of days <br />established by AppHcable Law from the date the notice is given to Borrower, by which the defaWt must be <br />cured; and (d) that failure to cure the default on or before the date speci#ied in the notice may result in <br />acceleraHon of the sums secured by this Security Instrument and sale of the Property. To the eztent <br />permitted by law, the notice shaII further inform Borrower of the right to reinstate after acceleration and <br />the right to bring a court act3on to assert the non-e�stence 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 specif�ed in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by thPis Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />To the eztent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is in:voked, Trustee shall 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 Appl�cable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the t3me required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by AppHcable <br />Law. Trustee, without demand on Borrower, shall sell the Property at publ�c 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. �rustee 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 recitais in fhe Trustee's deed shall be prima facie evldence 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 ezercising 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 this <br />Security Instrument; and (c) any egcess to the person or peraons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by tivs Security Instrument and ternunation of Bonower's right <br />to obtain further advances under the Contract, Lender shall request Tnistee to reconvey the Property and shall <br />surrender this 5ecurity Inst�ument and all contracts evidencing debt secured by this Security Inst�vment to Trustee. <br />Trustee shall reconvey the Properiy without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may cfiarge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of <br />the fee is permitted under Applicable Law. <br />Substitute Trustee. Lender, at i�s 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 />m 2004-201 t Compliance Syatems, Inc. ADCD-32B4 - 2010LI. t 5,461 <br />Consumer Real Eatate - Security Insvument DL2036 pege 4 of 5 �,,�p����� <br />