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20120462� <br />under the Not and this Security Instnxment and performs ' <br />t � <br />Note, this Se 'ty Instrument, and Applicable Law. Th ' <br />Servicer unrelated to a sale of the Note. If there is a cha.nge <br />notice of the change which will state the name and addr <br />payments should be made and any other information RESP� <br />servicing. If the Note is sold and thereafter the Loan is ser� <br />the Note, the mortgage loan servicing obligations to Bo <br />transferred to a successor Loan Servicer and are not assume� <br />the Note purchaser. <br />Neither Borrower nor Lender may commence, �d <br />individuallitigant or the member of a class) that arises fro� <br />Instrument or that alleges that the other party has breached <br />Security Instrument, until such Borrower or Lender has <br />compliance with the requirements of Section 15) of such <br />reasonable period after the giving of such notice to take c <br />period which must elapse before certain action can be taken <br />purposes of this paragraph. The notice of acceleration an <br />Section 22 and the notice of acceleration given to Borrower <br />notice and opportunity to take corrective action provisions <br />21. Hazardous Substances. As used in this ' <br />substances defined as toxic or hazardous substances, po <br />following substances: gasoline, kerosene, other flammabl <br />herbicides, volatile solvents, materials containing asbesto <br />"Environmental Law" means federal laws and laws of the j�{ <br />health, safety or environmental protection; (c) "Environme� <br />acdon, or removal action, as defined in Envu�onmental L <br />condition that can cause, contribute to, or o�erwise trigg <br />Borrower sha11 not cause or permit the presence, <br />Substances, or threaten to release any Hazardous Substanc <br />allow anyone else to do, anything affecting the Property <br />(b) wluch creates an Environmental Condition, or (c) whic <br />Substance, creates a condition that adversely affects the vah <br />not apply to the presence, use, or storage on the Property o <br />generally recogYUZed to be appropriate to normal residenti� <br />but not limited to, hazardous substances in conswner prod <br />Borrower shall promptly give Lender written noda <br />other action by any governmental or regulatory agency or pr� <br />Substance or Environmental Law of which Borrower has a� <br />including but not limited to, any spilling, leaking, disch�� <br />Substance, and (c) any condition caused by the presence <br />adversely affects the value of the Property. If Borrower lea� <br />authority, or any private party, that any removal or other re� <br />Property is necessary, Borrower shall promptly take a1 <br />Environmental Law. Nothing herein shall create any oblig <br />NON-UNIFORM COVENANTS. Borrower and <br />22. Acceleration; Remedies. Lender shall give <br />Borrower's breach of any covenant or agreement in this <br />under Section 18 unless Applicable Law provides othe: <br />(b) the action required to cure the default; (c) a date, not <br />to Borrower, by which the default must be cured; and (i <br />date specified in the notice may result in acceleration of � <br />sale of the Property. The notice shall further inform Bo: <br />and the right to bring a court achon to assert the no� <br />Borrower to acceleration and sale. If the default is not c <br />Lender at its option may require immediate payment in f <br />without further demand and may invoke the power of sal <br />Law. Lender shall be entitled to collect all ezpenses ini <br />Section 22, including, but not limited to, reasonable ath <br />If the power of sale is invoked, Trustee shall rec <br />part of the Property is located and shall mail copies of su <br />Law to Borrower and to the other persons prescribed <br />Applicable Law, Trustee shall give public notice of sale <br />Applicable Law. Trustee, without demand on Borrowe <br />highest bidder at the time and place and under the tern <br />parcels and in any order Trustee determines. Truste <br />Property by public announcement at the time and plac� <br />designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trus <br />conveying the Property. The recitals in the Trustee's de� <br />statements made therein. Trustee shall apply the procee <br />and egpenses of ezercising the power of sale, and the s <br />actually incurred and reasonable attorneys' fees as perr <br />by this Security Instrument; and (c) any excess to the p <br />23. Reconveyance. Upon payment of all sums <br />request Trustee to re-convey the Property and shall surrenc <br />debt secured by this Security Instrument to Trustee. Trustee <br />person or persons legally entitled to it. Such person or pe <br />charge such person or persons a fee for reconveying the Pro <br />as the Trustee) for services rendered and the chaiging of tl� <br />ther mortgage loan servicing obligations under the <br />�e also might be one or more changes of the Loan <br />�f the Loan Servicer, Borrower will be given written <br />�s of the new Loan Servicer, the address to which <br />� requires in connection with a notice of transfer of <br />iced by a Loan Servicer other than the purchaser of <br />rower will remain with the Loan Serncer or be <br />by the Note purchaser unless otherwise provided by <br />in, or be joined to any judicial action (as either an <br />n the other party's acrions pursuant to this Security <br />ny provision of, or any duty owed by reason of, this <br />iotified the other party (with such notice given in <br />Ileged breach and afforded the other pariy hereto a <br />rrective action. If Applicable Law provides a tix� <br />that time period will be deemed to be reasonable for <br />opportunity to cure given to Bonower pursuant to <br />pursuant to Section 18 shall be deemed to satisfy the <br />�f this Section 20. <br />�ction 21: (a) "Hazardous Substanc�" aze those <br />lutants, or wastes by Environmental Law and the <br />; or toxic petroleum products, toxic pesticides and <br />� or formaldehyde, and radioactive materials; (b) <br />risdiction where the Property is located that relate to <br />tal Cleanup" includes any response action, remedial <br />w•, and (d) an "Environmental Condition" means a <br />an Environmental Cleanup. <br />use, disposal, storage, or release of any Hazardows <br />;s, on or in the Property. Borrower shall not do, nor <br />;a) that is in violation of any Environmental Law, <br />, due to the presence, use, or release of a Hazardous <br />e of the Properiy. The preceding two sentences shall <br />f small quantities of Hazardous Substances that aze <br />uses and to maintenance of the Properiy (including, <br />cts). <br />e of (a) any investigation, claim, demand, lawsuit or <br />vate party involving the Property and any Hazardous <br />;tual knowledge, (b) any Environmental Condition, <br />rge, release or threat of release of any Hazardous <br />, use or release of a Hazardous Substance which <br />ns, or is notified by any governmental or regulatory <br />nediation of any Hazardous Substance affecting the <br />l necessary remedial actions in accordance with <br />3tion on L,ender for an Environmental Cleanup. <br />Lender further covenant and agree as follows: <br />notice to Borrower prior to acceleration following <br />�ecurity Instrument (but not prior to acceleration <br />�wise). The notice shall specify: (a) the default; <br />less than 30 days from the date the notice is given <br />l) that failure to cure the default on or before the <br />he sums secured by this Security Instrument and <br />�rower of the right to reinstate after acceleration <br />i-e�stence of a default or any other defense of <br />ured on or before the date specified in the noti�ce, <br />ull of all sums secured by this Security Instrument <br />a and any other remedies permitted by Applicable <br />urred in pursuing the remedies provided in this <br />�rneys' fees and costs of title evidence. <br />�rd a notice of default in each county in wluch any <br />ch notice in the manner prescribed by Applicable <br />by Applicable Law. After the time required by <br />to the persons and in the manner prescribed by <br />r, shall sell the Property at public suction to the <br />�s designated in the nohce of sale in one or more <br />� may postpone sale of all or any parcel of the <br />� of any previously scheduled sale. Lender or its <br />tee shall deliver to the purchaser Trustee's deed <br />�d shall be prima facie evidence of the truth of the <br />is of the sale in the following order: (a) to all costs <br />�le, including the payment of the Trustee's fees <br />utted by Applicable Law; (b) to all sums secured <br />�rson or persons legalty entitled to it. <br />secured by this Security Instrument, Lender shall <br />� this Security Instrument and all notes evidencing <br />shall reconvey the Property without wazranty to the <br />sons shall pay any recordation costs. I.ender may <br />�erty, but only if the fee is paid to a third pariy (such <br />� fee is permitted under Applicable Law. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM <br />12439.CV (9/11) 907367 <br />(MERS) Form 30281/Ol (page 8 of 9 poges) <br />Creattve Thinking, Inc. <br />GOTO(OO1t7691) <br />� �D� a' <br />