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f � ;. �, � r:' �o�OO���'I <br />Sale of Note Change of Loan Servicer. 7'he Note or a partial interest in the Note (together with this Security <br />Instxument) may be sold one or more times without prior notice to Borrower. A sale rt�ay result in a change in the <br />entity (known as the "Loan Servicer") that collects periodic payrnents due under the Note and this Security <br />Instrument. There also may be one or more changes of tha 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 Notlees 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 />Haaardous 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. Tha 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 af 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 />Enviranmental Law. ,. ............,..�. ,.�...�.......�_.: ........_... ... <br />;:-i!. ,.. <br />As used in this paragraph, "Hazardous Substances" are those substances defin�d as toxie br hazard�ous substances <br />.. .. <br />by Environrnental Law and the following substances: gasoline, kerosene, adaerrflamu�a$1e:.o�...tci�ic p.etroleum <br />praducts, toxic pesticides and herbicides, valatile 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 environrnental protection. <br />Acceleration; Remedies. Lender shall give natice ta Barrower 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 Bene�cial Interest in Borwower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action requlred to cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the not�ce is given <br />ta Borrower, by which the default must be cured; and (d) that failure ta 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 infortn Borrower of the right <br />to reinstate after acceleration and the right to bring a court acrion 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 an or before the date <br />speci�ed in the notice, Lender at its optton may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may 'tnvoke 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 />L,aw, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand an Sorrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the nodce of sale in one or raore 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 Pwoperty at any sale. <br />_, . u ._, p .. <br />. ., . <br />_.. . . _ _ _ <br />p n 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 there3n. Trustee sh�ll apply the proceeds of the sale in the following order: (a) to all costs and <br />expenses of exercisin� the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and re�sonable 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 Instrumant, 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 Instrurnent to Trustee. Trustee shall reconvey the Property without warranty to the person or persons <br />legally entitled to it. Such person or psrsons shall pay any recordation costs. Lender may charge such person or <br />p�rsans a fee for reconveying the Properiy, but only if the £ee 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 optian, 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 Instniment is <br />recorded. Without conveyance of the Property, the succsssor trustee shall succeed to all the title, powear 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 ta Borrower's address <br />which is the Property Address. <br />¢� 2004-2009 Cnmpliance Syelems, Inc. OO2D-70�2 - 2009.12368 <br />Cansumer Real Estate - Secwity Instrummt UL2036 Paye 5 of 6 ww�v.complianccsystcros.com <br />