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~"if~''~~~;~tD~' 200904'795 <br />a change of the Loan Servicer, Borrower will be given written notice of the change itt accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new I..oan 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 />Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any <br />hazardous Substances on or in the ,Property. Borrower shall not do, ttor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences slrall not apply to the <br />presence, use, of storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate tv norrttal residential uses and to maintenance of the Pxoperty. <br />Burrower shall promptly give Lender written nvtice of any investigative, claim, demand, lawsuit or other active by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory aulhvrity, that any removal or other rentediation of any Hazardous Substance affecting <br />the Property is necessary, Borrvwer shall promptly take all necessary remedial actions in accordance with <br />Envirormrtental Law. <br />As used in this paragraph, "1-la?ardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasvline, kerosezte, other flammable or tvxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos• or forttalclehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environ.rnental protection. <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; (e) a date, <br />not less than the minimum number of days established by Applicable La~v from rite date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure to cure the default ou or before the <br />date specified in the notice may result in acceleration of rite sums secured by this Security Instrument arrd <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 acrd 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, Leader 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. 'I'o the extent permitted by law, I.~ender 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 casts 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 <br />the Property is located anti shall mall 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 slrall 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 uruler the terms designated in the notice o1'sale In one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel of rite Property by public <br />announcement at the time and place of any previously scheduled sale..I.~ender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to rite purchaser Trustee's deed conveying <br />rite Property. The recitals in the t'rustee's deed shall be prima facie evidence of the truth of rite 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 perrtrikted 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 />Reconveyance. Upon payment o£ all sums secured by this Security Instntment, Leader shall request ~I'ntstee tv <br />reconvey the Property artd shall surrender this Security lnstnunent and all notes evidencing debt secured by this <br />Security Instntment to Trustee. Trustee shall recvnvey the Property witltvut warranty to the person or persvns <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such persoe or <br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the 'I•rnstee) fur <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute Trustee. laender, at its option, may from tithe to time rerttove 't'rustee attd appoint a successor trustee <br />to any Trustee appointed hereunder by an iestntment recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed t(> all the title, power artd duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Notices. Borrower requests that copies of rite notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />~.9 2p04-2UD8 Copyright Compli~uice Systems, hit. 74ED-6710 - 20113.IU.?8q ~~~~~~.complianccs~5~cros.com <br />Consumer Real Estate -Security Uutrrumcnt DI20z6 Pngc 5 of 6 RfiO_oC,,C-3;'J'_' - Fat G 16-95E-I S63 <br />