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� ' +. ( � <br />i� 'j <br />20i009215 <br />fiale of Note Change of Loan Servicer. Tl�e Note or a partial ixaterest iu the Note (together with tl�is Security <br />Instrument) may be sold or�e or more times without prior notice ta Borrower. A sale may result in a change in the <br />entity (known as t}�e "Loan Servicer") that collects periodic payments due under the Note and this 5ecurity <br />Instrument. There also may be one or rnore c}�anges of the I,oan Servicer unrelated to a sale of the Note. If there is <br />a char�ge of t�ie Loan Servicer, Borrower will be �iven written notice of ttie change in accordance with t�ie section. <br />tilled Nc►tices and Applicable Law. The notice will state the nflme and address of the new Loan Servicer arad the <br />address to which payments should be made. The notice will also contain any otl�er uiformation required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or permit the presence, u�e, dis�oeal storage, or release of az�y <br />Ha�ardous Substances on or in the Property. Borrcywer shall not do, »or allow anyone else to da, �nytlzing affecting <br />the Property tl�at is in violation of any �nvironmental Law. The prece�lin� two senlences tik�all not apply to the <br />presence, use, or stoc�age on tl�e Property of small yuai�tities of Hazardous Substances that are generally recognized <br />to be appropriate ca narmal residential us�s and to maintenance of tiie Property. <br />Borrower shall promptly give I,ender written notice of any investigation, claim, deixiand, lawsuit or other action by <br />acry governmeattal or regulatary agency or private party involving the Property a►�d any Hazardous Substattce or <br />Environmental Law of whick� Borrower has actual knowledge. If 13orrower learns, or is no(ited hy ilIly <br />gove► or re�ulatory authority, that any remc�val or other remediation of any Ha?ardous Substance affectii7�; <br />the Property is necessary, Borrower shall pr�mptly take all ��eceseary remedial actions in accordance with <br />Environmenlal Law. <br />As used in this paragraph, "Ha?ardous Substances" are lhpse substances defined as toxic or hazardous substance5 <br />by Environmental Law and the (allowing suhstarices: gasoline, karoseiie; otlier` f�ammable or toxic petroletun <br />products, toxic pesticides and herbicides, volatile solvents, materials �ontaining asbeatos or fannaldehyde; and <br />radioactive malerials. As used in this paragraph, "Environmental Law" means federal laws and laws of the seate of <br />Nebraska that relate to health, safety or enviramnental protectian. <br />Acceleration; Rentedies. Lender sltall give notice to Borrower priur fo acceleration fpllowi��g Borrower's <br />breach of any covenant or Agreement in this Security Instrument (b�.�t not prior to acccleration under the <br />sectio�t titled Transfer of the Property or a liene�cial Interest in Sorrower, unle�s Applicable Law provide.s <br />otherwise). The notice sha11 specify: (a) the default; (h) the action required to cure the default; (c) a date, <br />not less than the nu��imum number of days established by Applicable l.�aw from the dnte the notice is given <br />to 13orrower, by whiclt the default must be cured; and (d) that failure tq cure the def�ult pn or, be.fore the <br />da�e speci�ed iai the notice may result in acceleration of the sr�ms secured by this Security,lnstrument and <br />sAle yf tl�e Froperty. To tl�e exte��t permitted by law, the notice shall further i�xtorm Bor�•ower of the right <br />to reinstate after acceleratio�� and the ri�ht to bari�ig a c�urt xctio�� to assert the non-existence af � defai�lt <br />or a�ty other defense of 13orrower tp acceleration and sale. If the default is not c��red on oi• nefore tlie date <br />specified in the notice, Lender At its option may require immediate pAyment ia� full of all sinns secured by <br />this Security Instrument without further demand a��d may invoke the power ot sale �►nd any other remedics <br />permitted by Applicable Law. To the exte��t permitted by law, Lender shall be ea�titled to cpllect all <br />expensew incurred in pursuin� the remedies provided in this Sectian, including, but nUt • limited to, <br />reasonable attorneys' Fees and costs of title evidence. <br />lf the power of sale. is invoked, 1'rustee shall record a notice ot default in eaclt county in wl�ich tt�ty part of <br />the Property is located And sha11 mail copies of such natice in the m�nner prescribed by Applicnble I,aw to <br />Borrower and to the other persons prescribed by Applicable Law. After tl�e time required b,y Applicable <br />I.,aw, Trustee shflll give public notice of st�le to tlae persops and in the n�anner prescribed by Applica�ble <br />Law. Trustee, witlao��t demand on Borrawer; sl�all sell the Pr«perty at public auction tn the higt�est bidcler <br />at the time and place and under the terms designated in tlae notice of sale in one or more parcels a�i•d in a.n,y <br />order '�'rustee determines. Trustee may postpone sale of all or any parcel of the �'roperty bx quhlic <br />anaiouncement at th� time and place of any previously sch.eduled snle. Lender or its; designee may purcl�ase <br />the �'roperty at any sale. <br />p 'pt of payment of the price bid, Trustee shall deliver to the purchaser T'r��stee's deed conveyin� <br />on recei_ <br />the Property. The recitals in tlae Trustee's deed shAll be.prima facie evidence of the truth of the statements <br />made ther�in. Trustee shall apply the proceeds of the sale in . the fullowing order: (a) to all, costs ancl <br />expenses of exercising the power �f s�le, a�t�d the sale, includin� the payment of the Trustee's fee.s aCtually <br />incurred �nd reasonable attorneys' fees as permitted by Applicable Luw; (b) to a11 sums secured by this <br />Security Instrume��t; and (c) any excess to the perso�� or persons legAlly entitled ta it. <br />Reconveyance. Upon paytnez�t of all sums secured by Security Instrument, Lender Shall request Tru�tee to <br />recanvey tlie Property and shall surrender this Security Instrument and all notes euidencing debt securecl by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property witl�out warranty to �he person or persons <br />le�ally entitled to it. Such persc�n or person5 shall pay any record�ti�n costs. Lender may charge such person or <br />persons a fee for reconveying the Prope� but only if the fee is paid to a third party (such as lhe Trustee) for <br />services rendered and the charging of the fee is permitted under Ap.plicaUle Law. <br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and �ppoint a succe5sor tn�stee <br />to any Trustee appointed hereunder by an instrurnetat recorded in the cqunty in which this Sectirity lnstrumeril is <br />recoraed. Without cot�veyance of tlie Property, the suceessor trustee shall succeed to all the tille, power and dut,ies <br />conferred upon Trustee.herein ar�d by Applicable Law. <br />Request for Natices. Borrower requests diat copies of the notice of def'ault and sale be sent to F3�rrower's:address <br />which is the Property Address; ' <br />C�9 2004-2009 �Compliance Systemc, Inc: 002U-7('4G - 200212.368 � � . � � , <br />Consumer Rcal Estatc - Sccurity Instrumcnt �L20:1A PngZ 5 of�6 � w�vrv.compliancesystems.co�u <br />