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� E �� ` � �' 20�.1U3�44 <br />,a . , . <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 Bonower. A sale may result in a change in the <br />entity (known as the "Loan Servicer") that collects periodic payments due uader 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 accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servieer 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 rel�ase of any <br />Hazardous Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anytlur�,g affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not a�ply to the <br />presence, use, or storage on the Properiy of small quantities of Hazardous Substances that aze generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or othaz� action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous S�bstance or <br />Environmental Law of which Bonowar has actual knowledge. If Bonower 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 />� �� ���. <br />Environmental Law. " s . , , ° � °f ,> , 4 ��.r;�� , � <br />As used in this pazagraph, "H�zardous Substances" are those substances de�ined as to�o or,haz�rdous Substan,�ces <br />by Environmental Law and the following substances: gasoline, kerosene,"`o�lier fl�le a�' toxic p�troY�um <br />products, to�cic pesticides and herbicides, volatile solvents, materials containing 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 Security 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 notPice shall specify: (a) the default; (b) the action 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 noti e is given <br />to Borrower, by which the default mnst be cured; and (d) that failure to cure the default on or efore the <br />date specified in the nol3ce may result in acceleration of the sums secured by this Security Instr � ent and <br />sale of the Property. To the eztent permitted by law, the notice shall further inform Borrower o� the right <br />to reinstate after accelerat3on and the right to bring a court actlon to assert the non-e�tstence o� a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or befope the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums �ecured by <br />this Security Instrument without further demand and may invoke the power of sale and any othe�r remedies <br />permitted by Applicable Law. To the eztent permitted by law, Lender shall be entttled to 'collect all <br />ezpenses incurred in pursuing the remedies provided 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 of <br />the Property is located and shall mail copiea 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 reqwtred by Applicable <br />Law, Trustee ahall 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 13me 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 poatpone sale of all or any parcel of the Property by public <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 �tatements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and <br />egpenses of egercising the power of sale, and the sale, including the payment of the Trustee's fe�s actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secur�d by this <br />Security Instrnment; and (c) any ezcess to the person or persons legally eni3tled to i� <br />Reconveyance. Upon payment of all sums secured by tUis Security Instrument, Lender shall requestiTrustee to <br />reconvey the Property and shall siurender this Security Instrument and a11 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 i� 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 1�ntstee) for <br />services rendered and the charging of the fee is permitted under Applicable Law. ' <br />Substitute Trustee. Lender, at its option, rnay 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 Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />confened upon Trustee herein and by Applicable Law. <br />Request for Not3ces. Borrower requests that copies of the notice of default and sale be sent to Bonower's address <br />which is the Property Address. <br />� 2004-2010 Compliance Syateure, Iuc. EHO&158A - 2010.03378 <br />Consumer Real Eatate - Security I�trumeot DL2036 Pege S of 6 www.compliancesYsten�s.com <br />