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201008043
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Last modified
1/11/2011 2:24:02 PM
Creation date
10/29/2010 4:13:28 PM
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DEEDS
Inst Number
201008043
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2oiooso43 <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessary <br />remedial actions in accordance with �nvironmental Law. Nothing herein shall create any obligation on <br />Lender for an Environrnental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follaws: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Barrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice sha11 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 mast be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice nnay result in acceleration of the surns secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower af the <br />right to reinstate after acceleratian and the right to bring a court 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 cured on or <br />beFore the date specifled 3n the notice, Leader at its option may require imrnediate payrnent in full of <br />all sucns secured by this Secarity Instrament without further demand and may invoke the power of <br />sale and any other remedies pexmitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incarred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attorneys' fee.s 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 <br />any part of the Property is lotated and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After 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 Law. Trustee, without demand on Borrawer, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the tenms designated in the <br />notice of sale in one or more parcels and in any order Trustee dete� Trustee may postpone sale <br />of all or any parcel of the Property by public annoancement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment oF the pcice bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payrnent of the <br />Trustee's fees actually incurred and reasonable attorneys' fces as pexmitted by Applicable Law; (b) to <br />atl sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled ta it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrurnent, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such 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 tl�ird party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitate Tcustee. L,Qnder, at its option, may frorn time to time remove Trustee and appoint a <br />successor trustee co any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed ta <br />all the title, power and duties conferred upan Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requcsts that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />N�eRASKA - Single Femily - Fannie MaelFreddie Mac UNIFORM INSTRUMENT � <br />�-61NE) 1oe� �1 Page 13 of 16 in�t�ais:1,�,. Form 3028 1/01 <br />1 � � i ! � � ,'� � � � .,r <br />
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