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201009491
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Last modified
1/11/2011 1:58:16 PM
Creation date
12/20/2010 4:25:34 PM
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DEEDS
Inst Number
201009491
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�oioo949� <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 sha11 create any obligation on <br />Lender for an Bnvironmental Cleanup. <br />NON-UNIFORM COVENANTS. Bonrower and Lender further covenant and agree as follaws: <br />22. Acceleration; Remedies. Lender shall give natice to Sorrower pt to acceleration fallowing <br />Sorrawer's breach of any covenant or agreement in this Security Instrument (but not prior tp <br />acceleration under Sectian 18 unless Applicable Law provides otherwise). The notice shall speeify: (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 tu Barrower, by which tlte default must be cured; and (d) that failure to cure the <br />default on or before the date speci�ed in the notice may result in acceleration of the sums secured by <br />this Secnrity Instrurnent and sale of the Property, . The notice shall farther inform Sorrower 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. lf the default is not cured on or <br />before the date speci�ed in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this Security Instrument withont further demand and nnay invoke the power of <br />sale and any other remedies permitted b,y 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 af title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each caunty in which <br />any part of the Property is located and shall rnail copies of such not�ice in the manner prescribed by <br />Applicak�le �,aw to Barrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Sorrower, shall sell the Property at <br />public auctian to the highest bidder at the time and place and under the terrns designated in the <br />notice of sale in one ar mpre parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public annoancernent at the time and place of any previously <br />scheduled 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 recitals in the Trustee' s deed sha11 be prima facie evidence of the truth <br />of 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 pawer of sale, and the sale, including the payment o1' the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the persan or persons legally <br />entitled to it. <br />23. Reeonveyance. Upon payment of all sums secured by this 5ecurity Instrument, Lender shall <br />request Trustee to recanvey the Property and shall sunender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty tn the person or persons legally entitled ta it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, buc only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging o£ the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time ta tirne 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 ta <br />all the title, power and duties conferred upon Trustee herein 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 whicta is the Property Address. <br />f►�c�1�I:I� <br />NEBRASKA - 8ingle Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT <br />�-6�N�) �oai �� Page 13 aF 15 Initials: � Form 3028 1/07 <br />� <br />
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