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201008934
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Last modified
11/30/2010 4:44:39 PM
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11/30/2010 4:44:39 PM
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DEEDS
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201008934
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2oioos934 <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Envirorunental Cleanup. <br />NON-UNIFORM C`OVENANTS. Borrowcr and Lender further covenant and agree as f'otlows: <br />22. Acceleration; Remedics. Lender shall give notice to Borrower prior to acceleration foliawing <br />Borrower's breach of any covenant or agreement in this Security I��str�xment (but not prior to <br />acceleratian under Section 18 unless Applicable Law provides othcrwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the def'ault; (c) a date, not Ic�ss than 30 days from the date <br />the notice is give�a ta Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result i�� acceieration of the sums secured b,y <br />this Security Instrument and sale of the Property. The noticc shall further inform Sorrower of the <br />right to reinstate after acceleration and the right to k�ring a court action to assert the non-existence c�f <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date speciCed in the notice, Lendcr at its option may wequire immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other reinedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidencc. <br />If the power of sale is invoked, Trustee sha11 record a notice of' def'ault in each county in which <br />any part of the Property is located and shall �aaail copies of' such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other per�ons prescribed by Applicable Law. After thc time <br />required by Applicable Law, Trustee shall give public ��otice of sale to the persons and in the manner <br />prescribed by Applicable Law. '1'rustee, without demand on Borrower, shall sell the P� at <br />public auction to the highest bidder at the time and place and under the tcrms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Yroperty hy publi� announcement at the time and place of any prcviously <br />scheduled sale. Lender or its designee may purchase the Yroperty at any sale. <br />Upon receipt of payment of the price bid, Trustcc shall deliver to the purchaser Trustce's deed <br />co�aveying the 1'roperty. 1'he recitals in the Trustee's deed shall k►e prima facie evidence of the truth <br />of the statements made therein. Trustee shull apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including thc payment of the <br />Trustcc's fees actually incurred and reasoraahle attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrrrment; and (c) any excess to the person vr perso►as legally <br />entitled to it. <br />23. Aeco�iveya►ice. Upon payment of al] sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrcnder this Security Instrument and all nntes <br />evidencing debt secured by this Security lnstrument to Trustee. Ta shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of' the f'ec is <br />permiCted under Applicable Law. <br />24. Substitutc Trustee. Lendcr, at its option, n�ay from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in [he county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Reyuest for Noticc�. $orrower requcsts that copies of the notice of dcf'ault and sale be sent to <br />Borrower's address whicla is the Property Address. <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INS7RUMENT U <br />�-6(NE) �oa�i1 Pa�e ia�r �s i��r��s: 1��� Form 3028 1101 <br />0 <br />;�� i � L S f t � .� �; w <br />
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