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s� ti01106064
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<br />Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (to�ether 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 (known as the °Loan Servicer") that collects periodic payments due under the Note and this Security
<br />Insirument. 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 na.me 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 do, nor a11ow 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 Properly of small quantities of Hazazdous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property.
<br />Borrower shall promptly give I,ender written notice of any investigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual lmowledge. If Bonower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation��:.of.any.,Hazardous Su�st�nce affecting
<br />the Properiy is necessary, Borrower shall promptly take all necessary �Temedial actions in acaat�lauce vvith
<br />Environmental Law. � � F: ; : '` , ` ` . , �
<br />As used in this paragraph, °Hazardous Substances" are those substances define2i as toltic. or haz�dous substances
<br />by Environmental Law and the following substances: gasoline, kerosene, other flal�mable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos ar formaldehyde, aad
<br />radioactive materials. As used in this paragraph, "Environmental I,aw" 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 acceleration under the
<br />section titled Transfer of the Property or a Bene�cial 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 minimum number of days established by Applicable Law from the date the notice is given
<br />to Borrower, by wluch the default must be cured; and (d) that failure to cure the default 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 eatent 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-e�istence of a default
<br />or any other defense of Borrower to acceleration and sale. If the default is not cared on or before the date
<br />speci�ed in the notice, Lender at its option may require immediate payment in full af all sutns secured by
<br />this Security Instrument without further demand and may invoke the power of sale aud any other remedies
<br />permitted by Applicable Law. To the egtent permitted by law, Lender shall be entitled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Section, includilig, 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 caunty iu 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 tirae required by Applicable
<br />Law, Trustee shall give public nol3ce 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 highe.st 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 tbe �'roperty 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 Trustse'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 aA 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 ezcess to the person or persons legally entitled to it.
<br />Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shaA request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and a11 notes avidsnCing debt secuzed by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warral�ty to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender ulay c�rge such person or
<br />persons a fee for reconveying the Properly, but only if the fee is paid to a third party (suah as the Tntstee) for
<br />services rendered and the charging of the fee is permitted under Applicable Law.
<br />Substitute Trustee. Leuder, 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 Security Instrument is
<br />recorded. Without conveyance of the Property, the successor irustee 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 Borrower's address
<br />which is the Property Address.
<br />� 20042010 Compliance Systems, Inc. EEOB-D71 q- 2010.03378
<br />Consumer Reat Estate - Security Instrument DL2036 Pege 5 of 6 www.compliaacesyatema.com
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