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20100735
<br />to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects periodic
<br />payments due under the Secured Indebtedness and this Security Instrument. There also may be one or more
<br />changes of the Loan Servicer unrelated to a sale of the Secured Indebtedness. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change in accordance with the section titled Notices and
<br />Applicable Law. The notice will state the name and address of the new Loan Servicer and the address to which
<br />payments should be made. The notice will also contain any other information required by Applicable Law.
<br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. Borrower 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 are 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 Borrower has actual knowledge. If Borrower learns, d+r 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, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law.
<br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kerose leum
<br />t , .. s .y ` 1e . yd 4 and
<br />products, toxic pesticides and herbicides, volatile solvents, materials c it. radioactive materials. As used in this paragraph, "Environmental Law" me ate_ � ra - • M�. �' pthes to 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) it 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 oii or before the
<br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and
<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 extent permitted by law, Lender shall be entitled to collect all
<br />expenses incurred in pursuing the - remedies: provided in this Section, including, Tat pot . 'Wilted to,
<br />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 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 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 may purchase
<br />the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver p paym p liver 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 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 />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property 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 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 Law.
<br />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />0 2004-2013 Compliance Systems, Inc. 9F96 -9917 - 2013L2.0.721 },�„ ; �,
<br />Consumer Real. Estate -.Security Instrument DL2036 Page 5 of 6 Wa'n'•GQmDl�nq�ystems.cpm
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