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200110585
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200110585
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Last modified
10/14/2011 11:13:44 AM
Creation date
10/20/2005 10:41:39 PM
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DEEDS
Inst Number
200110585
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200110585 <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action <br />by 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, (b) any Environmental Condition, including but not limited <br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused <br />by the presence, use or realease of a Hazardous Substance which adversely affects the value of the Property. If Borrower <br />learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions <br />in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental <br />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 Borrower's <br />breach of any covenant or agreement in this Security instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify. (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender at its 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. Lender shall <br />be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />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 part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and <br />to the other persons prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to <br />it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying <br />the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the <br />fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee 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 />25. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with it. <br />Oav__ __ 64 <br />R BEED <br />� R <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99 <br />Page 9 Form Software by Automated Real Estate Services, Inc. 1 -800- 330 -1295 BEED / 0100481 <br />
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