|
,; �' `' �' �} :' � °� 241008284
<br />Sale of Note Change of Laan Servicer. The Note or a partial interest in the Note (together with this Security
<br />Instrument) may be sold one or more times without prinr natice to Borrower. A sale may result in a change in the
<br />ei�tity (known as the "Loan Servicer") that callects 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 I,oan Servicer, Borrower will be given written notice of the cl�ange in accordance with the section
<br />titled Notices and Applicable l.,aw. The notice will state the name and address pf the new Loan Servicer and ttie
<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 ott or in tl�e Property. Borrower shall not do, nor allow anyone elsa 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 recagnized
<br />to be appropriate to nor�nal residential uses and to maintenance of the Property.
<br />Borrowcr shall prpmptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any g;overnmental 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 tegulatoty authority, diat any removal or other remediation of any FIazardous 5ubstance aftecting
<br />the Property is necessary, Bprrower shall pro�nptly take all necessary remedial actions in accordance with
<br />Environmental Law. •- - - �
<br />As used in tlus paragraph, "Hazardous Substances" are those substances defined as toxic rn hazaxdous substances
<br />by Environm�ntal Law and the following substances: gasoline, kerosene,� vt�er'flariuxiable-o'r'`tnxic petroteum
<br />products, toxic pesticides arid 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 healtla, safety or environxrnental protection.
<br />Acceleration; Remedies. �.,e�tder shall give notice to Borrower prior tn acceleratIon follqwin� Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under the
<br />section titled "I'ransfer of the Property or a Bene�cial Interest in Aorrawer, unless Applicable Law provides
<br />otherwise). Tlie notice shall specify: (a) the default; (b) the action reqaired to cure the default; (c) a date,
<br />not less than the minimum.number of days est�blished by Applicxble Law from the date the notice is given
<br />tn Borrower, by which the default must be cured; and (d) that failure to cure. the defflult on or before the
<br />date speci�ed in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sttle 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 Sorrower to acceleration and sale. lf the default is not cured on ar before, the dnte
<br />specified in the notice, l.ende�r 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 Appl�cable Law. To Che extent permitted by law, Lender s�►all be entitled to collect all
<br />expenses incurred in pursuing the remedies provided in this Section, including, k�ut not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, 'Trustee sh�ll record a notice of default in each county in which Any pflrt of
<br />the Property is located and shall r►tail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persans prescribed by Applicable Law. Atter the time required by Applicable
<br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by A�pplicable
<br />Law. 1'rustee, without demand on 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 notice of sale in one vr mnre pArcels and in any
<br />order Trustee determines; Trustee may pastpone sale of �ll or any parcel of the Property by public
<br />announce►nent at the time �nd place of any previously scheduted sale. Lender or its designee rx�ay purchxse
<br />the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed CohVeying
<br />the Property. The recitals in the Trnstee's deed shall be prima facie evidence of the truth of the statements
<br />rnade therein. Trustee shall apply the proceeds of the sale in the folluwing order: (a) to all costs and
<br />expenses of exercising the power of sale, and the sale, including the payment uf the Trustee's fees actually
<br />incurred and reasonable attorneys' fees �s permitted by Applicable Law; (b) to all sums secured by this
<br />Security Instrument; and (c) any excess to the person or persons le�ally 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 Chis
<br />Security Instrument to Trustee. Trustee shall reconvey the Property withouG warranty to the person or persons
<br />legally entitled to it. 5uch person or persan,s Shall pay any recordatian casts. Lende'r 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 />servic�s rendered and the char�ing of the fee is permitted under. Applicable I,aw.
<br />Substitute Trustee. Lender,. at its option, may frottt time to time remove Trustee and appoint a successor trustee
<br />ta any Trustee appointed hereunder by an instrum�nt recorded in the county in which tlus Security instniment is
<br />recorded. Withaut conyeyance of the Property, the successox trustee shall succeed to all the titla, power�and duties
<br />conferred upon '1'rustee herein and by Applicable Law.
<br />Request for Notices. Borrower requests that copies of the notice of default and saie be sent to Borrower's address
<br />which is the Property Address.
<br />d> 2004-2009 Compiiance Systems, inc. 002Q-4F.50 - 2009.�12.1hR � � �
<br />Conxumcx Real Estate - Security [nstrumcnt DI.2036 Pxge 5 of 6 www.cotnpliqnceFystems.com
<br />
|