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201103876
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5/24/2011 8:47:55 AM
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5/24/2011 8:47:55 AM
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DEEDS
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201103876
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20110387G <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance a.ffecting the Property is necessary, Bonower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligarion on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (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 to Borrower, by w}uch the default must be cured; and (� that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this 5ecurity Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-e�stence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the noNce, Lender at its option may require immediate payment in fuli of <br />ali sums s�ured by this Security Instrument without further demand and may invoke the power of <br />salE and any other remedies permitted by 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 of title evidence. <br />If the power of sale is invok�l, Trustee shall record a notice of default in each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trust� shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />noNce of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement 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, Trustce shall deliver to the purchaser Trustee's dced <br />conveying the Property. The recitaLs in the Trustee's de� shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proc�eeds of the sale in the following order: (a) <br />to all c�sts and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or �rsons legally <br />entitl� to it. <br />?3. Reconveyance. Upon payment of all sums securefl by this Security Instrument, Lender shall <br />request Trustee to reconvey the Properry and shall surrender this Sec.vrity Insrivment and all notes <br />evid�ncing debt secured by this Security Instnunent to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />re�ordation costs. Lender may chazge such person or persons a fee for reconveying the Property, but only <br />if the €ee is paid to a third party (such as the Trustee) for services renderetl and the charging of the fe� is <br />pernutted under Applicable Law. <br />24. 5ubstitute Trustee. I.ender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument rei;orderl in the county in which this <br />S�urity Instrument is recorded. Without conveyance of the Property, the successor trustee shall succ�d to <br />all the title, power and duties confened upon Trustee herein and by Applicable Law. <br />�5. Request for Notices. Bonower requests that copies of the norice of default and sale be sent to <br />Bonower's address which is the Properiy Address. <br />NEBRASKA - Single Family - fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (OS71) Page 13 of 75 Inkials: <br />� <br />J� � <br />Form 3028 1/01 <br />� <br />��, <br />. . ii , , . �� K <br />
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