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201304901
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Last modified
12/31/2013 5:22:15 PM
Creation date
6/20/2013 8:45:10 AM
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DEEDS
Inst Number
201304901
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201304901 <br /> • <br /> creates an Environmental Condition, or(c)which, due to the presence, use, or release of a Hazardous Substance, <br /> creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to <br /> the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br /> recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br /> limited to,hazardous substances in consumer products). <br /> Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or <br /> other action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br /> Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, <br /> including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, <br /> and(c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the <br /> value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority,or any private <br /> party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, <br /> Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein <br /> shall create any obligation on Lender for an Environmental Cleanup. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br /> under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)the default; (b)the <br /> action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br /> Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date <br /> specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br /> the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br /> right to bring a court action 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 in 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 /> Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, <br /> including,but not limited to,reasonable attorneys'fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br /> Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by <br /> Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br /> Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br /> highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br /> parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property <br /> by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br /> purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br /> statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs <br /> and 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 this <br /> Security Instrument;and(c)any excess to the person or persons legally entitled to it. <br /> 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br /> Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured <br /> by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or <br /> persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such <br /> Nebraska Deed of Trust—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3028 1/01 <br /> MERS Modified <br /> The Compliance Source,Inc. Page 12 of 14 Modified by Compliance Source 14301NE 08/00 Rev.12/12 <br /> www.compliancesource.com ©2000-2012,The Compliance Source,Inc. <br /> 1 111111 11111 11111 11111 11111 1 1111 11111 11111 11111 11111 1111 1111111 11111 I I l l 111 11111 11111 11111 1111 11111 11111 1111 11 11111 I I I 1 111111 11111 1111 Ill <br /> * 12220681 8 9 — E B 1 4 3 0 1 X X — 1 2 — 1 4 A <br />
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