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<br />..... <br /> <br />e <br /> <br />RE-RECORDED <br />200709625 <br /> <br />e <br /> <br />200708742-- <br /> <br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />prpmptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br /> <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 Borrower's breach of any covenant <br />or agreement in this Security Instrument lbut not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br />notice shall specify: (a) the default; lb) the action required to cure the default; (c) a date. not less than 30 days from the date the notice is <br />given to Borrower. by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice <br />may result in acceleration of the sums 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 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 the date specified in the notice. Lender at its <br />option may require immediate payment in full of 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 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 evidence. <br />If the power of sale is invoked. Trustee shall record a notice of default in each county in which any part of the Property is located and <br />shall mail copies of such notice in the manner 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 persons and in the manner prescribed by <br />Applicable Law. Trustee. without demand on 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 Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />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 the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: la) to all costs and expenses of exercising the power of sale, and the sale. including the payment of the Trustee's <br />fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and lc) any 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 to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may 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 successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the <br />Property, the successor trustee shall succeed 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 notice of default and sale be sent to Borrower's address which is the <br />Property Address. . <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider <br />executed by Borrower and recorded with it. <br /> <br />Q~-\.-~~'iTr <br /> <br />David to Larson - Borrower <br /> <br />Witnesses: <br /> <br />In J'h.-- /)) In . j) ~ - --\'\' .~ L. <br />l:.UM.JJ;v itA n. (lY) ";'sean <br />v Catherine M. Larson - Borrower <br /> <br />[Space Below This Line For Acknowledgment] <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />COUNTY OF ~\ 1 <br /> <br />) <br />) SS <br />) <br /> <br />XENERAL NOTARY-Slate of Nebraska <br />!m lAURIE CLEM <br />I'l'H' _.'<C;: My Comm. Exp. <br /> <br /> <br />Ic>~ <br /> <br />STATE OF ~'cfo.~'Co.... <br /> <br />On this day before me, the undersigned Notary Public, personally appeared David L. Larson and Catherine M. Larson, to me known to be <br />the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and <br />voluntary act and deed, for the uses and purposes therein mentioned. <br /> <br />Given under my hand and official seal this l \ day of D~\::::re. ~ . 20 0 -, <br /> <br />~, 0~ c.h~~ <br />Not~r: Publ~~ and f~r the State of ~~~ <br />ReSiding at L:;;[)N . D\e~ _ _ _ ~ <br />My commission expires \'Z...\ Z-Sl (\~ <br /> <br />LASER PRO tAnr1111g. Vef. 5.37.00.003 Copr. HlII"hmd Finllnoilll Solutionm. Inll. 1!)!J7, 2007. All Righi. RlIIllo&r"~d. - NE (j:\LA5E"FI~~O\CFI\l.PL\G04.FC TA.33971 PA.~I <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 6 of 6 <br />