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200506078
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Last modified
10/17/2011 8:47:52 AM
Creation date
10/28/2005 11:17:11 AM
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DEEDS
Inst Number
200506078
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r <br />Z Co SOW78 <br />Account Number; 940 -2 -390- 522426 <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous <br />Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any <br />governmental 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 <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />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 />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the <br />date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure <br />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 <br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence of a default or any other defense of Borrower to acceleration and sale. If the default <br />Is not cured on or before the date specified In the notice, Lender at its option may require immediate <br />payment In full of all sums secured by this Security Instrument without further demand and may <br />invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled 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 in which <br />any 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 at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all <br />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 <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br />(a) to all costs and expenses of exercising the power of sale, and..the.sale, including the payment of <br />the Trustee's fees actually incurred and reasonable attorney's fees as permitted by Applicable Law; <br />(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons <br />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 <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the <br />person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may <br />charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party <br />(such as the Trustee) for services rendered and the charging of the fee 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 <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed <br />to all the title, power and duties 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 se <br />Borrower's address which is the Property Address. <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 I /01 (page 71 <br />-1 <br />
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