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� , ;°'�� .' � >' 201009774 <br />Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Sorrower. A sale may result in a change in the <br />entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a change of the Loan 5ervicer, Borrower will be given written notice of the change in accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br />address to which payments should be made. The notice will also contain any other information required by <br />Applicable Law. <br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous 5ubstances on or in the Property. Borrower shall not da, nor allaw anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that aare generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Barrower shall prornptly give L,ender written notice of any investigation, claim, dernand, lawsuit or other action by <br />any governmental or regulatory agency or private pariy involving the Property and any Hazardaus Substance or <br />Environmental Law af which Borrower has actual knawledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other rernediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />........ . <br />,, ._.._ .�.._.,,.,. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as �toxrc. or P�a�at'dot�s� substances <br />by Environmental Law and the following substances: gasoline, kerosene,: other flaznmable or �y�xic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials contairiing „asbestQS:.or--for�x►aldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of <br />Nebraska that relate to health, safety or environmental protection. <br />Acceleration; Remedies. Lender shall give notice to Borrawer priar to acceleradon followin� Borrower's <br />breaeh of any covenant or agreement in this Security Instrument (but not prior to acceleration under the <br />section titled Transfer of the Property or a Bene�icial Interest in Borrower, unless Applicable Law provides <br />otherwise). The natice shall specify: (a) the default; (b) the acdon required to cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the notice is given <br />to Sorrower, by which the default must be cured; and (d) that f�ilure to cure the default on or before the <br />date speci�ed in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to brIng a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />speci�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrurnent without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provlded in this Section, 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 default in each county in which any part af <br />the Property is located and shall mail coples of such notice in the manner prescribed by Applicable Law to <br />Sorrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and 3n the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the Property at publlc auction to the highest bidder <br />at the time and place and under the terms designated In the notice of sale in one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all ar any parcel of the Property by public <br />announcernent at the time and place of any previausly scheduled sale. Lender or its designee may purchase <br />the Property at any s�le. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) ta all costs and <br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the persan or persons legally entitled to it. <br />Reconveyanee. Upon payment of all sums secured by this Security Instrument, I.end�r shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument ta Trustee. Trustee shall reconvey the Property without warranty to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such persan or <br />persons a fee for reconveying the Property, but only if the fee is paid ta a third party (such as the Trustee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. <br />Substitute Trustee. Lender, at its option, may from time to tinne reznove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instnunent recorded in the county in which tkus Security Instrument is <br />recarded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Barrower's address <br />which is the Property Address. <br />� 2D04-20D9 Complience Syatems, Inc. 002b-561 b- 2009.12368 <br />Consumer Real Eatate - Security Inatrument DL2036 Pagc 5 of 6 www.compliancesystcros.cvm <br />