|
<br />
<br />
<br /> t 201001150
<br />
<br />
<br /> Sale of Note Change of Loan Servieer. 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 (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security
<br /> Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is
<br /> a change 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 /> Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the
<br /> presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br /> to be appropriate to normal residential uses and to maintenance of the Property.
<br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action 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 authority, that any removal or other remediation of any Hazardous Substance affecting
<br /> the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br /> Environmental Law. f
<br /> As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br /> by Environmental Law and the following substances: gasoline, kerosene, other flamrriable''or toxic petroleum
<br /> products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, 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 environmental 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; (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 /> 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 /> 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 /> Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br /> reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br /> Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons
<br /> legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or
<br /> persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for
<br /> services rendered and the charging of the fee is permitted under Applicable Law.
<br /> Substitute Trustee. Lender, 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 /> conferred upon Trustee herein and by Applicable Law.
<br /> Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address
<br /> which is the Property Address.
<br /> 0 2004-2009 CompGancetystc`ns, Inc. 002D-D49A - 2009.12.368
<br /> Consumer Rcal Estate - Security Instrument DL2036 Page 5 of 6 w .compliancesystems.oom
<br />
|