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y „y r � <br />� � J ,, � � ,, 201008374 <br />Sale of Note Change ot' Loan Servicer. "'1'he Note or a partial interest in the Note (tagether with this Security <br />Instruznent) may be sald one or more Cimes withnut 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 Security <br />Instrument. Tl�ere also may be one or more changes of the l,oan Servicer unrelated to a sale of the Note. If there is <br />a cl�ange of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section <br />titled Notices and A�plicable Law. The notice will state the natne arad address of lhe new Loan Servicer and the <br />address to which payments should be made. The notice will also contai►t atry other information required by <br />Applicable Law. <br />Hazardous Substanees. 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 airyone else to do, anything affecti��g <br />the Property that is in vialation of any Environmental I.aw. The preceding two sentences shall not apply to tl�e <br />presence, use, or storage on the Property of sTnall 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 I.ender written notice of any investigation, claizn, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmenlal Law of which Borrower has actual knowled�e. If E3orrower learns, or is notified by any <br />�overnmental or regulatory aut�iority, that any removal or othet remediation of any IIazard��u� Substance affecling <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance witl� <br />�nvironmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substanees <br />by Environmental Law and tl�e following substances; gasoline, kerosene, other flam�mable or loxic petroleuz�z <br />products, toxic pesticides and }aerbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials. As used in tliis paragraph, "Environmental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environxnental protection. <br />Acceleration; Remedies. Lender shall �ive notice to Borrower prior to acceleration followin� Rorrower's <br />breach af any covenant or agreement �a tliis Security Instrument (but not prior to s�ccelerativ�a under the <br />section titled Tr$nsfer of the Property or a Beneficial lnterest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cnre the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the dflte the �tot►ce is given <br />to Sorrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date speci�ed in the notice may cesult in acceleration of tlie sums secured by this Securlty Instrument and <br />sale of the Property. "['a the extent permitted by law, the notice shall further inform Borrower of the right <br />ta reinstate after acceleration and the right to bring a court action to �ssert thc non-existence of a defaulk <br />or any other defense af Borrower to acceler�tion and sale. If the default is not c«red on or before the date <br />.._. __ __. __ ._ gp��'ied i� t�e netie�Lender-at its option may requtr� r�r payme� in fu 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 Iflw, Lender shall be entitled to collect all <br />expenses incurred in pursuing Che 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 anvoked, Trustee shAll record a notice of default in each county in which any pArt uf <br />the Property is Iocated and shall mail copies of such notice in the mflnner prescribed by Applicable Lflw to <br />Borrower and to the other persons prescxibed by ApplicAble Law. After the tinne required by Applicable <br />Law, '1"rustee shall give public notice at sale to tlie persons and in the manqer prescribed by ApplicHhle <br />Law. Trustee, without demand on Borrower, sh�ll sell the Property at public suction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or mure parcels and in any <br />order "Crustee determines. Trustee may p�stpone sale of all or any pflrcel of the Property by pubiic <br />announceme��t at the time and place af a�ay previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payme��t of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveyin� <br />the Property. Tl�e recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made tlterein. Trustee shall apply tl�e proceeds of the sale in the followin� order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payment uf tl�e Trnstee's fees actually <br />incurred and reasonable attorneys' fees �s permitted by A,pplicable Law; (b) to all sums secured by tliis <br />Security Instrument; and (c) any excess ta the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all suiYxs secured by �l�is Security Inscruun�nt; Lender shztl request 'T'rustee 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 slaall areconvey the Property without warranty to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge sucl� pecso�a or <br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the TrusCee) Por <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 instrument cecorded in the county in wtuch this Security Instrument is <br />recorded. Without conveyance oF the Prop�rty, the successor trustee shall succeed to all the title, power and duties <br />conferred upon 'I'rustee l�erein and by Applicable Law. <br />Request for Notices. Borrower requests that copies of the notice of default and sate be sent t�� F3orrower's address <br />which is the Property Address. <br />�'� 20U4-2009 Complinncc Systcros, Inc. 002D-OOA9 - 2009.12368 <br />Consumer Rznl F5inlZ - Seairity Instrument DL20i6 Pagc 5 of ti www.compli:uiccsystcros.com <br />