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201009242
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12/10/2010 4:03:03 PM
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12/10/2010 4:03:02 PM
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DEEDS
Inst Number
201009242
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20100924? <br />by any gavernmental or regulatory authority, or any private party, that any removal or other rem.ediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environrnental Law. Nothing herein shall create any obligation on <br />Lender fox an Environznental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall g�ve notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />accelerat�on under Sect�on 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action 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 cared; and (d) that failure to cure the <br />default on or before the date speci�ed in the notice ►anay cesult in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence of <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 speci�ed in the notice, Lender at its opt3on may require 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 remedies 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 evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defaalt in each coanty ip which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applir,able Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public aaction to the highest bidder at the tirne 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 pastpane sale <br />oF all or any parcel of the Property by public announcement at the dme and place of any previously <br />scheduled sale. Lender or its designee may purchase the I'roperty at any saNe. <br />Upon receipt of payrnent af the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />af the statements made 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 fces actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Propsrty and sha11 surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Tnstrument to Trustee. Trust�e sha11 reconvey the Property <br />without warranty to the person ar persons legally entitled to it. Such person or persons shall pay any <br />recordation casts. I.ender 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 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 caunty in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed ta <br />all the title, power and duties conferred upon Trustee hcrein and by Applicable Law. <br />25. Request For Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) loet t1 Pege 13 of 15 in�c�ais:� � Form 3028 1l01 <br />��� t til����,� � . <br />
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