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<br />200904354
<br />right to 'reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a
<br />Beneficial Interest in Borrower.
<br />Sale of Npte Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
<br />Instrument) may be. sold one or more times without prior notice to Borrower. A sale may result in a change in the
<br />entity (ln wn as the "�oan Servicer ") that collects periodic payments due under the Note and this Security
<br />Instrumn . There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is
<br />a chang � of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section
<br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the
<br />address 'to which payments should be made: The notice will also contain any other information required by
<br />Applicable Law,
<br />Hazard' s Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazard o Substances On or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Pro & ty that is in Violation of any Environmental Law. The preceding two sentences shall not apply to the
<br />presencg, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be aporppriate to no al residential uses and to maintenance of the Property.
<br />Borrower ihall promptl' give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any govprimental or re latory agency or private party involving the Property and any Hazardous Substance or
<br />Environ#n ntaI Law .of which Borrower has actual knowledge. If Borrower learns, or is notified by any
<br />governmei ital or regula ry' authority, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary Borrower shall promptly take all necessary cc th
<br />Environmental Law. „1 ,tip; j t
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<br />As used! in this paragraph, "Hazardous Substances" are those substances dl ed "aI'toatib or "hazardous substances
<br />by Envirronmental law( and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />product$, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioact "se' materials., A� used in this paragraph, "Environmental Law" means federal laws and laws of the state of
<br />Nebrask D. that relate to 11 alth, safety or environmental protection.
<br />Acceler �on; Remedi s. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach D any covenant or agreement in this Security Instrument (but not prior to acceleration under the
<br />section tied 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 BorrdNyer, by which the default must be cured; and (d) that failure to cure the default on or before the
<br />date sp .g fled in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sale ofil , li' Property'. To the extent permitted by law, the notice shall further inform Borrower of the right
<br />to reins a e after acceleration and the right to bring a court action to assert the non - existence of a default
<br />or any ut er defense °f Borrower to acceleration and sale. If the default is not cured on or before the date
<br />j specified in the notice Lender at its option may require immediate payment in full of all sums secured by
<br />this Security Instrume t ithout further demand and may invoke the power of sale and any other remedies
<br />permitted4 by Applica le Law. To the extent permitted by law, Lender shall be entitled to collect all
<br />expenses mcurred in p rsuing the remedies provided in this Section, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If the po*r of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Prop�erty is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the ther 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. T�lultee, without) demand on Borrower, shall sell the Property at public auction to the highest bidder
<br />at the three and place nd !under the terms designated in the notice of sale in one or more parcels and in any
<br />order rpstee deterITne . 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 />Ti
<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 Qf exercising the power of sale, and the sale, including the payment of the Trustee's fees actually
<br />ineurrel, nd reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this
<br />Securi strument; nd (c) any excess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property 'rid shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />j Security Instrument toI rustee. Trustee shall reconvey the Property without warranty to the person or persons
<br />legally enlitled to it. S 'ch person or persons shall pay any recordation costs. Lender may charge such person or
<br />j persons a fee for reco eyrig the Property, but only if the fee is paid to a third party (such as the Trustee) for
<br />serviceslrondered and a charging of the fee is permitted under Applicable Law.
<br />Substitute Trustee. Le der, at its option, may from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
<br />conferreyd 'upon Trusteeierein and by Applicable Law.
<br />® 2004 -2008 SIC ht COMPIWce Systems, Inc. 74]BD -P34C - 2008.10.289 w .compllsucmystams.com
<br />Consumer Repl fate - Security Insu lhent DL2036 Page 5 d6 800- 968 -8522 - Fm 616- 956 -1868
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