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200304365
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Last modified
10/15/2011 8:15:21 PM
Creation date
10/21/2005 4:54:58 PM
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DEEDS
Inst Number
200304365
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200304365 <br />Borrower shall no[ pause or permit lhepresence , use, disposal, efin <br />threaten to rclCase any Hazardous Substances, on or in the Property. Barrel <br />anything affecting the Property (a) that is in violation of any Environment <br />Condition, or (c) which, due to the presence, use, or release ofa Hazardous <br />affects the value of the Property. The preceding two sentences shall not anoh <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action <br />by any governments] or regulatory agency or private party involvmg the Property and any Hazardous Substance or <br />nvironmentalLawofwhich Bomrwerhmaotua knowledge, (b) anyEnvironmental Condition, including butnot limited to, <br />any spilling, leaking discharge, release or threat of release of my Hsamdous Substance, and (c) any condition caused by the <br />presence, use or release of Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governments] or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with 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 acceleration following <br />Bar nreer's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the dale the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall <br />Further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence of default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the 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 other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuit the <br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />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 Lewto Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand <br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender 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 conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth ofthe statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all costs and expenses of exercising <br />the power of sale, and 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 Instrument; and (e) any <br />excess to the person or persons legally entitled to it. <br />23. Reeonveyance. Upon payment ofall sums secured bythis Security Instrument, lender shall requestTmsteeto <br />re- convey 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 it. <br />Such person or persons shall pay any recordation costs. Lender may Charli6e such person or persons afee fur reconveying the <br />Property, but only if the fee is paid in a third party (such as the Trustee) for services rendered and the charging of the fee is <br />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 m all the title, power and duties conferred <br />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 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 executed by Borrower and recorded with it. <br />Wimesses: <br />�,1'✓"r "' '✓i3%lL (Seal) <br />Borrower Willian .Lammert <br />(Seal) <br />Borrower Judith E amme. <br />(Seal) <br />(Seal) <br />NEBRASKA-- Singlc Famly— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 1/01 1page7of8pages) <br />9754.CV(1/02) 1691014 <br />GsOT0(0004c4c9) <br />
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