|
�; ' '
<br />201�.030�0
<br />5ale 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 Borrower. A sale may result in a change in the
<br />entity (lrnown as the "Loan Servicer") that collects periodic payments due under the Note and this 5ecurity
<br />Instrumen� 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, Bonower 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 Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anykhing 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 qua.ntities of Hazardous Substances that 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, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private pariy involving the Property and any Hazardous Substance or
<br />Environmental Law of wluch Bonower has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation 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 />As used in this paragraph, "Hazardous Substances" are those substances defined as tolcic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials conta.ining asbestos or formaldehyde, 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 Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this 5ecurity Instrument (but not prior to acceleral3on under the
<br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date,
<br />not less than the mimtmum number of days estabHshed by AppHcable Law from the date the notice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the defaWt on or before the
<br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sale of the Property. To the eztent permitted by Iaw, the notice shall further inform Borrower of the right
<br />to reinstate after acceleratlon and the right to bring a court action to assert the non-e�istence of a default
<br />or any other defense of Borrower to accelerafion and sale. If the default is not cured on or before the date
<br />specified in the notice, Lender at its option may require immediate 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 eztent permitted by la�v, Lender shall be entifled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Seci3on, 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 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 the persons and in the manner prescribed by Applicable
<br />Law. Trustee, without demand on Borrower, shall sell the Property at public 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 or any parcel of the Property by pubHc
<br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase
<br />the Property at any sale.
<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) to all costs and
<br />ezpenses of ezercising 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 ezcess to the person or persons legally entifled to i�
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender 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 to 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 person or
<br />persons a fee for reconveying the Properiy, but only if the fee is paid to a third parly (such as the Trustee) for
<br />services rendered and the charging of the fee is permitted under Applicable L,aw.
<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 wlrich this Security Instrument is
<br />recorded. Without conveyance of the Property, the successor txvstee shall succeed to all the title, power and duties
<br />confened upon Trustee herein and by Applicable Law.
<br />Request for Nol3ces. Borrower requests that copies of the notice of default and sale be sent to Boaower's address
<br />which is the Property Address.
<br />� 2004-2010 Compliana Syatems, Inc. EEOB-C479 - 2010.03.378
<br />Convumer Real Estete - Secority I�trument DL2036 Page 5 of 6 www.compliancesystems.com
<br />
|