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� . . . �0120247�
<br />under the Note and this Security Instr�ment and perForms other mortgage loan servicing obligations under the
<br />Note, this Security Ins�nt, and Applicable Law. There also might be one or more changes of tUe Loan
<br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Seivicer, Borrower will be given written
<br />norice of the change wluch will state the name and address of the new Loan Servicer, the address to whicb
<br />payments should be �de and any other information RESPA requires in connection witb a notice of transfer of
<br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of
<br />the Note, the mortgage loan servicing obligations to Borrower will re�in with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed by tUe Note purchaser unless otherwise provided by
<br />the Note purchaser..
<br />Neither Borrower nor Lender may commence, join, ar Ue joined to any judicial action (as either an
<br />individual litigant or the �mber of a class) that arises from the other party's actions pursuant to this Security
<br />Instrument or that alleges that the other party has breached any provision o�, or any duty owed by reason of, t.�is
<br />Security Instrumeat, until such Borrower or Lender has notified the other pariy (v�nth such notice g�ven in
<br />compliance with the require�rents of Section I S) of such alleged breach and afforded tbe other party hereto a
<br />reasonable period after the giving of such notice to take corrective action. If Applicable I.aw provides a time
<br />period wluch must elapse before certain action can be taken, that time petiod will be deeu�d to be reasonable for
<br />purposes of tius paragraph. The notice of acceleration and opporlunity to cureg�ven to Borrower pursuant to
<br />Section 22 and the notice of acceleration givento Borrower pursuant to S�tion 18 shall be dee�d to satisfy the
<br />notice and opporiunity to ta.ke corr�tive action provisions of this Section 20.
<br />21. Hazardaus Sabstxnces. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as tolcic or hazardous substances, pollutants, or wastes by Environmental I.aw az►d the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehy�, and radioactive materials; (b)
<br />"Environmental Law" means ferleral laws aad laws of the jurisdiction where the Properly is located that relate to
<br />health, safety or environmental protection; (c) "Environmental Cleanup" includes any re.sponse action, reu�dial
<br />action, or removal acrion, as defined in Environmental Law; and (d) an "Environn�ntal Condition" means a
<br />condition that can cause, contribute to, or otherwise trigger an Environmental Cieanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Ha�srdous
<br />Substances, or tbreaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
<br />allow anyone else to do, anytl�ing affecting the Property (a) that is in vidation of any Environmental Law,
<br />(b) which creates an Environmental Conditioa, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a coadition that adversely affects the value of the Property. The preceding two sentences sha11
<br />not apply to the �resence, use, or storage on the Pro�rty of small quanhties of Hazardous Substances that are
<br />generally recogmzed to be a�propriate to normal residential uses and to maiatenance ofthe Properiy (including;
<br />but not limited to, hazardous substances in consu�'ner products).
<br />Borrower shall promptly give Ixnder written notice of (a) any investigation, claino, demand, lawsuit or
<br />other action by any governmental or regulatory agency or private party mvolving the Property and any Hazardous
<br />Substance or Envuo�ental Law of wluch Bonower has actual lmowledge, (b) any Envuonu�ntal Condition,
<br />including but aot limited to, any spilling, leaking, discharge, release or threat of release of any Hazarcbus
<br />Substance, and (c) any conditioa caused by the presence, use or rel�se of a Hazardous Substance wlrich
<br />adversely affects the value of the Progerty. If Borrower learns, or is notified by any governu�ntal or regulatory
<br />authority, or any private party, that any re�mval or other remeciiation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall prompdy talce all necessary remedial actions in accordance with
<br />Environmental Law. Not�ing herein sball create aay obligation on Lender for an Environn�ental Cleanup.
<br />NON iJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceler�tion; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreeme�tt in this Security Instrument (bat not prior to acceleration
<br />under Section 18 anless Applicable L�w provid� otherwise). The notice shall specify: (a) the defanit;
<br />(b) the �ction rer�uired to cure the default; (c) a date, not less than 30 days from the date the notice �S given
<br />to Borrower, by which the defaalt mast be cured; and (d) that failure ta cure the default on or before the
<br />date specified in the notice may result in accekratlon of the aums serured by this Security Instrument and
<br />sale of the Property. The notice shaD further inform Borrower of the right to reinst�te sfter acceleration
<br />and the right to bring a court action to asaert the non-ezistence of a defaalt or any other defense of
<br />Borrower to ac�eleration and sale. If the default is not cured on or before the date speci�ed in t6e notice,
<br />Lender at its optian may require immediate gayment in fuIl of aD sums serured by this �curity Instrum�t
<br />witLont further demand and may invoke the power of sale snd any other remedies permitte,cl by Applicable
<br />L�w. Lender shall be entitled to collect all egpenses incurred in pursuing the remedies provided in this
<br />Sec�ton 22, inclading, but not limite� to, reasonab� �ttorneys' fees �nd costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of def�ult in each coanty m wluich any
<br />part of the Property is l�ated and shall ma1 copies of sach notice in the manner prescribed by Applicable
<br />Law to Borrower and to the other persona prescribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shall give pnblic notice of sale to the persons and in the manner prescribed by
<br />Applicable Law. Trustee, without demand on Borrower, s1►all sell the Property at public auction to the
<br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br />parcels and in any order Trustee determines. Trustee may gostpone sale of all or any parcel of the
<br />Property by public annoancement at the time and place of any previously sch�uled sale. Lender or its
<br />d�ignee �ay purchase the Property �t any sale.
<br />Upon receipt af payment of the price bid, Trustee shall deliver to the pnrchaser Trustee's deed
<br />conveying the Property. The cecitals in the Trastee's deed shall be pri� facie evidence of the truth of the
<br />statementa made therein. Trustee shall apply tLe proceeds of the sale m the following order: (a) to �ll costs
<br />and eapenses of eaercising the power of sale, snd the sale, including the payment of the Trnstee's fees
<br />actu�lly incurred and reasanable attorneys' fees as permitted by Applicable Law; (6) to �ll sums secnred
<br />by this Security Instrument; �nd (c) �ny ezcess to the person orpersons legally entitled to i�
<br />23. Reconveyance. Upon paymeat of all sums secured by tlus Security Instr�ment, Lender sl�all
<br />re�uest Trustee to re-convey the Properly and shall surrender this Secunty Instrument and a11 notes evidencing
<br />debt secured by this Secunty Instru�nt to Trustee. Trustee shall re�onvey the Property without warranty to the
<br />�rson or persons legally entifled to it. Such person or persons shall pay any recordarion costs. Lender �y
<br />cl�azge sucl� person or persons a fee for reconve}nn� the Property, but only if the fee is paid to a third party (such
<br />as the Tnistee) for services rendered and the chazgmg of the fee is pernutted under Apphcable Law.
<br />NEBRASKA—Single Family—Fannie b4ae/Freddie Mac iJNIFORM L'�TSTRUMIIVT (A'IERS7 Form 3828 U01 (page 8 oj9 pages)
<br />12439.CV (9/11) 11-1657 Creative Thinldng, Inc.
<br />GOTO(�30a3?�
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