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99110575
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99110575
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Last modified
3/13/2012 7:54:42 PM
Creation date
10/21/2005 1:15:25 AM
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DEEDS
Inst Number
99110575
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99 110575 � <br /> , <br /> Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br /> occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. <br /> 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this <br /> Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a <br /> change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and <br /> this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of <br /> the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in <br /> accordance with pazagraph 14 above and applicable law. The notice will state the name and address of the <br /> new Loan Servicer and the address to which payments should be made. The notice will also contain any other <br /> information required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br /> release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to <br /> do, anything affecting the Property that is in violation of any Environmental Law. The preceding two <br /> sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br /> Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the <br /> Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br /> action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br /> Substance or Environmental Law of which Bonower has actual knowledge. If Borrower learns, or is notified <br /> by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br /> Substance affecting the Property is necessary, Borrower shall promptly take all necessazy remedial actions in <br /> accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous <br /> substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br /> petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br /> formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal <br /> laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br /> protection. <br /> NON-iJNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br /> 21. 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 <br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) <br /> the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the <br /> notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default <br /> on or before the date specified in the notice may result in acceteration of the sums secured by this <br /> 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 <br /> or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the� <br /> date specified in the notice, Lender at its option may require immediate payment in full of all sums <br /> secured by this Security Instrument without further demand and may invoke the power of sale and any <br /> other remedies permitted by applicable law. Lender shail be entitled to collect all expenses incurred in <br /> pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' <br /> 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 <br /> applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property-�t public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br /> one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br /> of the Property by public announcement at the time and place of any previously scheduled sale. Lender <br /> or its designee may 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 <br /> the statements made therein. Trustee shall appty the proceeds of the sale in the following order: (a) to <br /> atl costs and expenses of exercising the power of sale, and the sale, including the payment of the <br /> Trustee's fees actually incurred, not to exceed 3°lo of the principal amount of the note at the time of the <br /> declaration of default, and reasonable attorneys' fees as permitted by 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 /> 22. 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 <br /> secured by this Security Instrument to Trustee. Trustee shall reconvey the Property withou[warranty and <br /> NEBRASKA-Single Family <br /> Form 3028 9/90 <br /> Laser Forms Inc.(800)446-3555 <br /> lFl#MOE3028 3/98 Page 6 of 7 Initials:� <br />
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