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201009155
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Last modified
12/8/2010 4:03:23 PM
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12/8/2010 4:03:22 PM
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DEEDS
Inst Number
201009155
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2oioo9i55 <br />by any governmental or regulatory authority, or any private party, that any rernoval or other remediation <br />af any Hazardous Substance affecting the Property is necessary, Bprrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-LTNIFORM COVENANTS. Sorrower and Lender further covenant and agree as follows: <br />22. Acceleration; Rernedies. Lender shall give noHce to Borrower prior to acceleration foilowing <br />Sorrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the acHon required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to 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 in acceleration af the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower af the <br />rigl�t to reinstate after acceleration and the right to bring � court action to assert the non-existence of <br />a default or any other defense of Sorrower to acceler$tion and sale. If the default is not cured on or <br />before the date speci�ed in the notice, Lender at its aption may require imm�ediate payment in full of <br />all suzn�s secured by this Security Instrument withaut further demand and may invoke the power of <br />sale and any other remedies permitted by App�icable I.�aw. Lender shall be enHtled 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 evidence. <br />lf the power of sale is invoked, Trustee shall record a nodce of default in each county in which <br />any part of the Praperty is lacated and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Sorrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public nodce of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Barrower, sh$11 sell the Property at <br />public $uction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpane sale <br />of all or any parcel nf the Froperty by public announce�nent at the tirne and place of any previously <br />scheduNed sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee' s deed <br />conveying the Property. The recit�ls in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements m�de therein. Trustee shall 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 the payment of the <br />Trustee's fees actually incurred and reasanable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instra[nent; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. LTpon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to recanvey the Property and shall surrender this Security Instrurnent and all notes <br />eviden.cing debt secured by this Security Instrument ta Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such parson or persons shall pay any <br />recordation costs. Lender may charge such persan or persons a fee for reconveying the Property, but only <br />if tl�e fe� is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the 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. Request for Notices. Barrower requests that copies of the notice of default and sale be sent to <br />Borcower' s address which is the Property Address. <br />230992 <br />NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT � <br />�-fi(NE) �oa��) Page 13 of 15 �nitia�s: Form 3028 1101 <br />� - . <br />
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