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201101344 <br />Sale of Note Cliange of Loan Servicer. The Note or a partial interest in the Note (together with tlus Security <br />Instrument) may be sold one or inore times without prior notice to Borrower. A sale uiay 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 Servicer, Borrower will be given written notice of the change in accardance 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 5ubstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow 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, ox storage on the Property of small quantities of Hazardous Substances tt�at are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, detnand, lawsuit or otlier action by <br />any governmental or regulatory agency or private party involving tl�e Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Barrower learns, or is notified by any <br />governmental or regulatory autl�ority, that any removal or otller remediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all ilecessary remedial actions in accordance with <br />Enviroiunental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous subs,tances <br />by Environmentai Law and the following substances: gasoline, kerosene, otlier flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, inaterials containing° fisbestos dr forinaldehyde, and <br />radioactive materials. As used in this paragraph, "Environmental L,aw" means federai 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 Borrower prior to acceleration following Borrower's <br />breadi of any covenant or agreement in this Security Instrument (but not prior to acceleration under the <br />section titled Transfer of tlie Property or a Beneficial Interest in Borrower, unless Applicable Law provides <br />otlierwise). The notice sliall specify: (a) the default; (b) tlie action require�d 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 Borrower, by wliich the default must be cured; and (d) that failure to cure the default on or before tl►e <br />date specified in tlie notice� may result in acceleration of tlie sums secured by this Security Instrument and <br />sale of the Property. To tl�e exteut permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the rigl�t to bring a court actiou to assert the non-existence of a default <br />or any otl�er defense of Borrower to acceleration and sale. If tlie default is not cured on or before tlie date <br />specified in the notice, Leuder at its option may require innmediate payment in full of all sums secured by <br />this Security Instrument 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 ent►tled to collect all <br />expenses incurred in pursuing the remedies provided in tliis Section, including, but not li�mited to, <br />reasonable attorneys' fees and costs of title evidence. �� � <br />If the power of sale is invoked, Trustee sliall record a notice of default in each county �in which aiiy part of <br />the Property is located and shall mail copies of such notice in the manner prescribed�by Applicable Law to <br />Borrower 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 tlie persons and in the manner prescribed by Applicable <br />Law. Trustee, witl►out demand on Sorrower, sltall sell the Property at �public auction to the higt►est bidder <br />at ttie time and place and under tlie terms designated in the notice of sale in one or more parcels aaid� in any <br />order T-r�ustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcemet�t at the time and place of any previously sclteduled sale. Lender or �its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee sha11 deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed sliall�be prima facie evidenc�e of the�truth of t.he�statemeaits <br />made therein. Trustee shall apply the�prbceeds of the sale i�i� tlie followiaig order:-(a) to�,a�l� cost5 and <br />expenses of exercising the �Power of sale, and tlie � sale, including the payment of tlie Trustee's_ fees actually <br />iucurred 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 person or persons legally entitled to it. � <br />Reeonveyanee. Upon payment of all sums secLired by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and sl�all surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Tnistee shall reconvey the Property withopt warranty to the persar� or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or <br />persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for <br />services rendered and the cl�arging_ of the fee is permitted under Applicable Law. <br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Securiry Instrument is <br />recorded. Without conveyance of the Properry, the successar trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />Request for Noti�es. Borrower requests that copies of the notice of default and sale Ue sent to Borrower's address <br />which is the Property Address. <br />C� 2004-2010 Compliance Systems. Inc. EEOB-75D9 - 2010.03. i78 � . <br />Consume�� Real Estate - Securiry Instrument DL,2036 Page 5 of 6 � �vww.compliancesystems.com <br />