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f � ,� <br />20100848� <br />a change of the I.,oan Servicer, Borrower will be given written notice of thc change in accardaa�ce with the sectian <br />titled Notices 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 inforniation required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or pernut the presence, use, disposal, storage, or releass of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nar allow anyone else to do, anything afFecting <br />the Property that is in violation af 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 Subst�nces that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Barrower shall promptly give Lender written notice of any i.nvestigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ar <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governznental or regulatory authority, that any rernaval or other remediation of any Hazardous Substance affecting <br />the Property is necessary, Barrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or taxic petroleurn <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,. and <br />radioactive materials. As used in this paragraph, "Environrnental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safsty or environmental protectian. <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Sorrower's <br />breach of any covenant or agreement in this Security Instrument (but not prioa^ to acceleratian 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 actfon required to cure the default; (c) a date, <br />not less than the minirnum number of days established by Applicable Law from the d$te 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 speciffed 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 natice shall further infornn Borrower af the right <br />to reinstate after acceleratfon 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 on or before the date <br />speci�ed in the notice, Lender at its optian may requlre 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 Applicable Law. To the extent permitted by law, Lender shall be entitled to collect aA <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attorneys' fees and cnsts 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 noHce in the manner prescribed by Applicable Law to <br />Borrower and ta the other persons prescribed by Applicable Law. After the tlme required by Applicable <br />Law, Trustee shall give pnblic notice of s�le to the persons and in the manner prescribed by Applfcable <br />Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the dme and place and under the terms designated in the notice of sale in one or more 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 Property at any sale. <br />Upon receipt of payment of the price bid, Trastee shall deliver ta the purchager Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prlma facie evidence of the truth of the statements <br />made tlierein. Trustee shall apply the proceeds of the sale in the follawing order: (a) to all costs and <br />expenses of exercising the power of sale, and the sa1e, including the payment of the Trustee's fees �ctaally <br />incurred aud reasonable attorneya' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security �nstrument; and (c) any excess to the person or persons legally entitled to it. <br />Reconveyance. Upon payment of all surns secu.red by this Security Instrument, Lender shall request Trustee to <br />rsconvey the Pr4perty and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Inshument to Trustee. Trustee shall recanvey the Properiy without warranty to the person ar persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or <br />persons a fee far reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for <br />services rendered and the charging of the fee is per�nitted utxder Applicable Law. <br />3ubstitute 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 instiument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succ�ed to all the title, power and duties <br />conferred upon Trustes herein and by Applicabls Law. <br />Request for Notices. Borrower requests that capies af the notice of default and sale be sent to Borrower's address <br />which is the Praperty Address. <br />� 2004-2009 Complimce Systemv, Inc. 002D46E1 - 2009.12.368 <br />Consumer Real Eatate - Sxuriry [netnunent D[,2036 Page 5 of 6 www.complianccsystcros.aom <br />