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200904079
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5/26/2009 5:09:03 PM
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5/26/2009 5:09:02 PM
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DEEDS
Inst Number
200904079
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2oo9o4Q7o <br />by am~ govcrnment.al or regulatory authority, or any private party. that any removal or ether rerricdiation <br />of any Hazardous Substance affecting, the Property i5 necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with lnviroruxrental Law. Nothings herein shall create any obligatiot7 on <br />Lender for an EnvironmerrGal Cleanup. <br />NON-UNIFORM CUVENAN'1'S. Borrower and Lender further covenant and agree as fi~llows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acccleratiau follo~i'izzg <br />Borrower's breach of any covenant or agreement. in this Security I.nstrumeut (but ztot prior to <br />acceleration under Sectian 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 3(1 days franc the date <br />the notice is givezz to I3arrower, by which the default must be cured; and (d) that failure to cure the <br />default czn or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existezzce of <br />a default or azzv 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 optiozz may require immediate payment in full of <br />all sums secured by this Security lustrunzent without further demand and znay invoke the power of <br />sale and any other remedies permitted I3y Applicable l.,a~~~. Lender shall be entitled to collect all <br />expenses incurred in pzzrsuing the remedies provided i~z this Sectian 22, including, but eat Iinzited to, <br />reasonable attoz•nevs' fees and costs of title evidezzce. <br />If the power of sale is invoked, Trustee shall record a notice of default iu 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 .I..aw. After the time <br />required by Applicable I.~aw, Trustee shall give public notice of sale to the persazzs and izz the mannez• <br />prescribed by Applicable I.aw. Trustee, without demand on Borrower, shall sell the Property, at <br />public auction to tlzc highest bidder at the time and place and under the terms designated in the <br />notice- of sale in one or znorc parcels and in any ardor Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement at tlie. time and place of anv previously <br />scheduled sale. Leader or its desibuee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall dc[ivcr to tlzc purchaser '1"rustee's decd <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: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the paymezzt of the <br />'C'rustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. IZecmzveyaucc. iJpon payment oi' all sums secured by this Security Instrument, Lender shall <br />request Trustee to reccxivey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. 'Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. bender may charge such person or persons a fee for recorweying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) f~~r services rendered and the. charging of the fe-e is <br />permitted under Applicable I,aw. <br />24. Substitute Trustee. }..ender, at its option, may from time to time remove Trustee. and appoint a <br />successor trustee to any Trustee appointed hereunder by art instrument recorded in the. county in which this <br />Security Instrument is recorded. Without conveyance of the Vroperty, the successor trustee shall succeed to <br />all the- title, power and dirties conferred upon "l,rustee herein and by Applicable I.,aw. <br />25. Kequest for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower' s address which is the Property Address. <br />~~ 230532 <br />NEBRASKA -Singh ramify - Fannie MaelFreddie Mac UNIFpRM INSTRUMENT <br />-6(NE) tnarr~ Page ~a or r5 ~nuia~s ~ µ Fprm 3028 1101 <br />
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