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201007478
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Last modified
1/11/2011 1:39:38 PM
Creation date
10/12/2010 4:16:03 PM
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DEEDS
Inst Number
201007478
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�oiuu�4�s <br />by any governmental or regulatory authority, or any private party, that any removal or other rernediation <br />of any Hazardous Substance affccting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environrnental Law. Nothing herein shall create any obligation on <br />Lender for an Environmenta� Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower priar to acceleration fallowing <br />Borrower's breach of any covenant or agrcernent in this Security Instrument (bat nat prior to <br />acceleration under Section 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 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />def�alt on or before the date specified in the notice may resalt 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 rnurt action to assert the non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cnred on or <br />before the date speci�ed in the notice, Lender at its option nnay require immediate payment in fall of <br />all swms secured by this Security Instrument without farther demand and may invoke the power of <br />sale aud any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attarneys' fee.s and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defaalt in each county in which <br />any part of the Property is located and shall nnail rnpies of such notice in the manner prescribed by <br />Applicable Law ta Borrower and to the other persons prescribed by Applicable Law. Afte�r the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable I,aw. Trustee, without demand on Borrower, shall sell the Property at <br />public aaction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Praperty by public announcement at the time and place of any previously <br />scheduled sale. I�ender or its designee may pnrchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trusteee shall delivec to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustce's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceecls of the sale in the follawing order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fces actually incurred and reasonable atto� 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. Reconveyance. Upon payment of all sums secured by this Security Instniment, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all nates <br />evidencing debt secured by this Security Instrument to Trustee. Trustce shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. 5uch person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Sabstitute Trustee. Lender, at its option, may from time ta time remove Trustee and appoint a <br />successor trustee to any Trustee appainted hereunder by an instrument recorded in the county in which this <br />Security Instnunent is recorded. Without conveyance of the Praperty, the successor trustee shall succeed to <br />all the title, power and duties conf�rred upon Trustee herein and by Applicable Law. <br />25. Request 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 />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNI�QRM INSTRUMENT <br />�-6�NE) �oaii� Page 13 of 16 imeiais: ��J �� Form 3028 9/01 <br />� 2�~ <br />,•, i ; ;; ; � <br />, , .. <br />
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