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' ' � ,` °' �, � `' `� 20100848J <br />Sale of Note Change ot' Loan Servicer. The Note or a partial interest in the Note (together with this Security <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 (lrnown as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Instnunent. 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, Sorrower will be given written notice of the change in accordanc� with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br />add.ress to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall nat cause or permit the presence, use, disposal, storage, or release of any <br />Hazaxdous 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 sentences shall not apply ta the <br />presence, use, or storage on the Properiy of srnall quantaities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall protnpdy give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Froperty and any Hazardous Substance ar <br />Environmental Law of which Borrower has actual knowledge. If Borrower 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 promptly take all necessary remedial acdons in accordance with <br />Enviranmental Law. .... .,. .�,_ .. _ ..,.w�.. .....,,........... <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or �hazard,ous su�stance� <br />by Environmental Law and the following substances: gasoline, kerosene, o�he�r"��1a�1e or toxi� petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos�or formaldehyda, and <br />radioactive materials. As used in this paragraph, "Environmental L.aw" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior ta acceleration under the <br />sectian titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the actian required to cure the default; (c) a date, <br />n�ot less than the minimum number of days 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 specifled in the notice may result iva acceleration of the sums secared by this Security Instrument and <br />sale 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 Barrower to acceleration and sale. If the default is not cured on or before the d�te <br />speci�ed in the notice, Lender 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 Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />weasonable attorneys' fees and costs af title evidence. <br />If the power af sale is invoked, Trustee shall recard a notice of default in each county in which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law ta <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee sha11 give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand on Barrower, 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 or more parcels and in any <br />order Trustee deterrnines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previ.ously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />LTpon receipt of payment of the prlce bfd, Trastee ahall deliver to the purchaser Trustee's deed conveyin� <br />the Property. The recitals in the Trustee's deed shall be prima 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 exercisiug the pawer of sale, and the sale, including the payment of the Trustee's fees actually <br />lncurred and reasonable attorneys' fees as permttted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person ar persons legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Instrurnent, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Inshument and all notes evidencing debt secured by this <br />Securiry Instcument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation casts. Lender may charge such person or <br />persons a fee for reconveying the Froperty, but only if the fee is paid to a third party (such as the Trustee) far <br />services rendered and the charging of the fee is pernvtted under Applicable Law. <br />Substitute Trustee. Lender, at its option, may from time to tune rernove Trustee and appoint a successor trustee <br />to any "Trustee appointed hereunder by an instrument recorded in the county in which this Security Instiument is <br />recorded. Without conveyance of the Property, the successar trustee shall succeed to all the title, power and duties <br />conferred upan Trustee herein and by Applicable Law. <br />Request for Notiees. Borirower 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, Ine. 002D-8908 - 2009.12.368 <br />Consumer Real Eatate - Sxuriry Inatnunent PI.2036 Page 5 of 6 www.comptiancesystems.com <br />