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<br />.....t . ~ ..... ~"I () ,I' 't " I <br />,J ;, I '.' ' \,'. I <br />" ~ ,. ."," ! <br /> <br />,~ " <br /> <br />200903766 <br /> <br />Sale of Note Change of Loan Servicer. The Nate or a partial interest in the Nate (tagether with this Security <br />Instrument) may be said .one .or mare times withaut priar natice ta Barrawer. A sale may result in a change in the <br />entity (knawn as the "Laan Servicer") that callects periadic payments due under the Nate and this Security <br />Instrument. There alsa may be .one .or mare changes .of the Laan Servicer umelated ta a sale afthe Nate. If there is <br />a change .of the Laan Servicer, Barrawer will be given written natice .of the change in accordance with the sectian <br />titled Notices and Applicable Law. The natice will state the name and address .of the new Laan Servicer and the <br />address ta which payments shauld be made. The natice will alsa cantain any ather infarmatian required by <br />Applicable Law. <br /> <br />Hazardous Substances. Barrawer shall nat cause .or permit the presence, use, dispasal, starage, .or release .of any <br />Hazardaus Substances an .or in the Property. Barrawer shall nat da, nar allaw anyane else ta da, anything affecting <br />the Property that is in vialatian .of any Enviranmental Law. The preceding tw.o sentences shall nat apply t.o the <br />presence, use, .or st.orage an the Property .of small quantities .of Hazardaus Substances that are generally recagnized <br />t.o be apprapriate ta narmal residential uses and ta maintenance .of the Praperty. <br /> <br />B.orr.ower shall pramptly give Lender written n.otice .of any investigati.on, claim, demand, lawsuit .or ather acti.on by <br />any gavernmental .or regulat.ory agency .or private party invalving the Praperty and any Hazard.ous Substance .or <br />Envir.onmental Law .of which Barr.ower has actual knawledge. If B.orr.ower learns, .or is natified by any <br />g.overnmental .or regulat.ory auth.ority, that any rem.oval .or .other remediatian .of any Hazard.ous Substance affecting <br />the Property is necessary, Barrawer shall pr.omptly take all necessary remedial actians in accardance with <br />Enviranmental Law. <br /> <br />As used in this paragraph, "Hazardaus Substances" are thase substances defined.ag taxic or..haaardaus substances <br />by Environmental Law and the fallawing substances: gasaline,kerasene, ather fIa.nunaFJle at t.oxic petraleum <br />products, taxic pesticides and herbicides, valatile s.olvents, materials containingasbestas' .or farmaldehyde, and <br />radi.oactive materials. As used in this paragraph, "Enviranmental Law" means federal laws and laws .of the state .of <br />Nebraska that relate ta health, safety .or enviranmental protecti.on. <br /> <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under the <br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non~existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br /> <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 Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order 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 may purchase <br />the Property at any sale. <br /> <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 <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> <br />Reconveyance. Up.on payment .of all sums secured by this Security Instrument, Lender shall request Trustee ta <br />rec.onvey the Praperty and shall surrender this Security Instrument and all nates evidencing debt secured by this <br />Security Instrument ta Trustee. Trustee shall recanvey the Property without warranty t.o the persan .or persans <br />legally entitled ta it. Such pers.on or persans shall pay any recardatian casts. Lender may charge such persan .or <br />persans a fee far rec.onveying the Property, but .only if the fee is paid t.o a third party (such as the Trustee) far <br />services rendered and the charging .of the fee is permitted under Applicable Law. <br /> <br />Substitute Trustee. Lender, at its aptian, may fr.om time t.o time remave Trustee and app.oint a success.or trustee <br />ta any Trustee appainted hereunder by an instrument recorded in the caunty in which this Security Instrument is <br />recorded. With.out c.onveyance .of the Property, the success.or trustee shall succeed t.o all the title, p.ower and duties <br />canferred up.on Trustee herein and by Applicable Law. <br /> <br />i() 2004.2008 Cop}1ight Compliance System" Inc, 74ED-B25A - 2008,10,289 <br />Consumer Real Estate - Security Instrument DL2036 <br /> <br />PageS of 6 <br /> <br />\VWW .compliancesystems,com <br />800-968-8522 - Fax 616-956-1868 <br />