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200212888
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Last modified
10/15/2011 10:28:05 AM
Creation date
10/22/2005 10:46:17 PM
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DEEDS
Inst Number
200212888
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200212888 <br />II not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />1, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />'roperty. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities ofHazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not <br />Borrower shall promptly give Lender v <br />by any governmental or regulatory agency or <br />accordance <br />private party involving the Property and any Hazardous Substance or <br />d knowledge, (b) any Environmental Condition, including but not limited to, <br />of release of any Hazardous Substance, and (c) any condition caused by the <br />e which adversely affects the value of the Property. IfBOhrower learns, or is <br />lorky, or any private party, that any removal or other remediation of any <br />ieeessary, Borrower shall promptly take all necessary remedial actions in <br />erem shall create any obligation on Lender for an Environmental Cleanup. <br />orrowcr anu icier mrmer covenant arm agree as ronows: <br />22. 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 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 date 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 wort action to assert the <br />non - existence of a default or any other defense of Borrower to acceleration and sale. If the default is notwred 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 pursuing 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 Lawta 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 of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses ofexercising <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 (c) any <br />excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee so <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 charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to 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. Leader, 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 conveyyance ofthe Property, the successor trustee shall succeed to all the title, power and duties widened <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 />Witnesses: <br />� �`4 (Seal) <br />eonowe, Michael R. Riley <br />Borrower <br />Borrower <br />(Seal) <br />(Seal) <br />(Seal) <br />NEBRASKA -- Single Family— Fannie Mac /Freddie Mac UNIFORM INSTRUMENT Form3028 1 /01 (page7oj Spage.e <br />9150.CV(1,ma 1613919 <br />
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