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,. �. �. �,, . 2oioos23� <br />. .. :� . <br />Sale of Note Change of Loan 5ervicer. The Note or a partial interest in the Note (together with this S�curity <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 5ecurity <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 changa in accordance with the section <br />titled Notices and Applicable Law. The natice will state tha name and address of the new Laan Servicer arzd the <br />address ta which payrnents should be made. The notice will also contain any other information required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or pernnit 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 s�ntences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Subst�nces 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 natice of any investigation, claizn, demand, lawsuit or other action by <br />any governmental or regulatory agency or private pariy involving the 1'roperty and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Sorrawer 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 protnptly take all necessary remedial activns in accordance with <br />Environmental Law. ., ...». . .-.... _. -, .., .�.,_ - - .. � <br />• � <br />As used in this paragraph, "Hazardous Substances" are those substances define.d as toxic ar'haz�rdy�u� substances <br />by Environmental Law and the following substances: gasoline, kerosene, other fla�xu�table or tox'rc petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radiaactive 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 envirotuz�ental protection. <br />Acceleration; Remedies. Lender shall give notice ta Borrower prior to acceleration following Burrower'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 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 ot' d$ys established by Applicable Law from the date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date speciTied in the notice may result in acceleration of the sums secured by this 5ecurity Instrument and <br />sale of the Property. To the extent permitted by law, the natice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured an or befare the date <br />speci�ed in the notice, Lender at its option m$y require immediate payment in full af 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 iucurred in pursuing the rennedies 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 fs located and shall mail copies of such notice in the manner prescribed by Applicable Law ta <br />Sorrower and ta the other persons prescribed by Applicable L�w. 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 Sorrower, shall sell the Property at public �uctian to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or rnore parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcetnent at the tYme 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 pritna 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 exercisYng the power of sale, and the sate, 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 af all sums secured by this Security Instniment, Lender shall request Trustec 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 Froperty 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 pr <br />persons a fee for reconveying the Property, but only if the fee is paid to a thard 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 instrutnent 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 />confened upan Trustee herein and by Applicable Law. <br />Request for Notiees. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />� 2004-2009 Compliance Systems, Inc. 002D-68A5 - 2009.12.368 <br />Consumer Real Estate - Securily Itti9trument bL2036 Pagc 5 of 6 www.compliancesystems.com <br />