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201203066
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4/20/2012 9:07:02 AM
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4/20/2012 9:07:02 AM
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DEEDS
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201203066
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20�20306� <br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a <br />Bene�cial Interest in Borrower. <br />Sale of Note Change of Loan Servlcer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the <br />entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <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 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 governmental or regulatory agency or private party involving the Property and any Hazazdous 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 prompdy take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in tlus paragraph, "Hazazdous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, yk�rosene, oi�er flanum?�bl� or petroleum <br />products, toxic pesticides and herbicides, volatile solvents, mate�ials dontauu�fg� as'�estos or .formaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Iyaw" me�ns f�iiei�l:1�"�s aind la 'w`s' of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />Acceleration; Remedies. Lender shall glve notice to Borrower prior to acceleraHon 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 acceleraHon of the sums secured by this Security Instrument �nd <br />sale of the Property. To the extent 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-existence 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 permitted by law, Lender shall be enHtled to collect all <br />expenses 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 sh�ll 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 Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public noHce of saie 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 o� 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 Trastee'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 />ezpenses 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 this <br />Security Instrument; and (c) any egcess to the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and s1�all sunender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Properly 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 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 wluch this Security Instrument is <br />recorded. Without canveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />� 2004-2011 Complience Systems Inc. 9BAD-ACEI - 2011L2.0.485 <br />Consumer Real Estete - Security Insvumert DL2036 Page 5 of 6 www•camplimmcesyatems.com <br />
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