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200303107
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Last modified
10/15/2011 6:21:22 PM
Creation date
10/21/2005 4:27:49 PM
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DEEDS
Inst Number
200303107
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200303107 <br />Borrower shall promptly give Lender written notice of (a) 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 Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, <br />use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with <br />Environmental Law. Nothing herein 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 <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides <br />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 <br />default must be cured; and (d) that failure to cure the default on or before the date specified <br />in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non - existence of a default or any <br />other defense of Borrower to acceleration and sale. If the default is not cured on or before <br />the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may Invoke the <br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled <br />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 <br />in which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable <br />Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the <br />persons and in the manner prescribed by Applicable Law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms designated in the notice of sale in one or more parcels and in any order <br />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 <br />may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall he prima facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the <br />sale in the following order: (a) to all costs and expenses of exercising the power of sale, and <br />the sale, including the payment of the Trustee's fees actually incurred and reasonable <br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persona 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 by this <br />Security Instrument to Trustee. Trustee shall recenvey the Property without warranty to the person or persons legally entitled <br />to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a tee for <br />reconveying the Property, but only R the fee is paid to a third party (such as the Trustee) for services rendered and the <br />charging of the tee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an Instrument recorded In the county In which this Security <br />Instrument Is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and <br />duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's 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 executed by Borrower and recorded with it. <br />Witnesses'. <br />2/ <br />2 ��'f _ (Seal) <br />eo „o ohn S. Cummins <br />a --we PeArl Cummins <br />(Seal) <br />(Seal) <br />NEBRASKA -S'mmu Fari ly- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3020 1i x „ 9 panere <br />nssosumc (11N0) �� r <br />92959 <br />
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