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201205271
<br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
<br />Note� this Security Ins�ument, and Applicable Law. There also might be one or more changes of the Loan
<br />Serncer unrelated to a sale of the Note. If thare is a cbange of the Loan Servicer, Borrower will be given written
<br />notice of the change wluch will state the name and address of tb�e new Loan Servicer, the address to which
<br />payments shoutd be made and any other information RESPA requires in connectian with a notice of transfer of
<br />se�rvicing. If the Note is sold and thereafter the Loan is serviced by a I.�an Servicer other than the pvrchaser of
<br />the Note, the mortgage loan servicing obligations to Borrower will remain with the Laan Servicer or be
<br />transferred to a successor Loan Servicer and are not assimmed by the Nate purchaser unless othemise provided by
<br />the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class) that arises from the other p 's actions pursuant to this Security
<br />Instrument or that alleges that the other party has breached anyprovision o�or any duty owed by reason o� this
<br />Security Instrument, until such Borrower or Lender has norified the other party (v�nth such notice g�ven in
<br />compliance with the requirements of Section 15) of such alleged br�ach and afforded the other pariy hereto a
<br />reasonablegenod after the giving �f such notice to take corrective action. If Applucable Law provides a tit�
<br />period which must elapse before certa.in action can be taken, tl�at i'rme peri�i will ba deamed to be reasonable for
<br />purpases of tbis paragraph. The nohce of acceleration and opportu.nity to cure given to Borrower pursuant to
<br />Sectian 22 and the notice of acceleration givento Borrower pursuant to Section 18 shall be deemed to satisfy the
<br />notice and opportunity to take corxective action provisions of this Section Z0.
<br />21. H�.ardous Substances, As used in this Section 21: (a) "Har.�rdous Substances" are those
<br />substances defined as toxic or ha�ardous substancas, pollutants, or wastas by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvants, nuaterials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Properiy is lacated that relate to
<br />health, safety or enviromnental protection; (c) "Environmental Cleanup includes any response action, remedial
<br />action, or removal action, as deSned in Enviro�nental Law; and (d) an "Environmemal Condition" means a
<br />condition that can cause, contnbute to, or otherwise trigger an Envirommental Cleanup.
<br />Boncower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release auy Hazazdous Substances, on or in the Progerty. Borrower shall not do, nor
<br />allow anyona else W do, anythmg affecting the Property (a) that is in violation of any Environme�atal Law,
<br />(b) which creates an Environmentat Condition, or {c) which, due to the presence, use, ar release of a Ha�ardous
<br />Substance, creates a condition that adversely affects the value of the Property. 'The preceding two sentances shall
<br />not apply to tha �resence, use, or storage on the Properry of small quantities of Hazazdous Substancas that aze
<br />generally reco� to be appropriate to normal residenttal uses and to maintenanca of the P�roperty (iacluding,
<br />but not limite to, hazardous substances in con�+��r products).
<br />Borrower shall promptly give Lender written notice of (a) any mvestigation, claim, demand, lawsuit or
<br />other action by any governmental or regulatory agency ar private pu�ty ivavolving the Property and any Ha�rdous
<br />Snbstance or Env�ronmental Law of which Borrower has actual knowledge, (b) any Envuonmental Candition,
<br />including but not limited to, any spillmg, leaking, discharge, release or threat of release af any Hazardous
<br />Substance, and (c) any cflnditian caused by t�►e presence, use or release of a Hazazdous Substance which
<br />adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory
<br />authority, or any private pady, that any re�val or other remediation of any Har�rdous Substa�nce affecting the
<br />Prope�.y is ne,cessary, Boaower shall promptly take all necesseuy ramedial actions in accordence wrtl�
<br />Envaonmental Law. Nothin� herein sball create any obligation on Lender for an Environmental Cleanup.
<br />NON UN�ORM COVENANTS. Borrower and Lender further covenant and agree as fotlows:
<br />22. Acceleral3on; Remedies. Lender shall give notice to Borrowex prior to accelera�ton following
<br />Borrower's breach of any covenant or agreement in this Se�nrity Instrament (but not prior to aceeleration
<br />under Section 18 unless Applicable Law provides otherwise). The notiee shall specify: (a) the default;
<br />(b) the action required to cnre the default; (c) a dat� not less than 30 days from the date the notice is given
<br />to Borrower, by which the defaWt must be cured; and (d) that failure to cnre the default on or before the
<br />date speciSed in the not�ce may result in acceleration ofthe sums secured by this Security Instrument and
<br />sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration
<br />and the right to brin� a conrt aetion to assert the nou�aistence of a default or any other defense of
<br />Borrower to aceelerat�on and sale. If the defanit is not cured on or before the date spec'rSetl in the notics,
<br />Lender at its option may require immediabe paymeut in full of all sums s�ured by this Secnrity Instrum�t
<br />without furtper demend and may invoke the power of sale and any other remedies permitted by Applicable
<br />Law. Lender shall be eniitled to collect all expenses incurred in pursuing the remedies provided in this
<br />Section 22, including, but not limited to, reasonable attorneys' fee� and c�ts of tit�e evidenee.
<br />If the power of sale is invoked, Trustee shell r�ord a notice of default in each county in which any
<br />part of the Property is located and shall mail copies ofsneh aotice in the manner prescribed by Applicable
<br />Law to Borrower and to the other persons preseribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shall give publlc nottce of sale to the persons and in the manner prescribed by
<br />Applicable Law Trustee, withont dem�nd on Borrower, shall sell the Property at public apcHon to the
<br />highest bidder at the time and place and under the terms desi�nnated itn the notice of sale in one or more
<br />parcels and in any order Trastee determines. Trustee may postpone sale of all or any parcel of t6e
<br />Property by public announcement at the t[me and place of any grevlously schedui�i sale. Lender or its
<br />design� m�y purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver ta the purchaser Trustee's deed
<br />eonveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the tcuth of the
<br />statements made therein. Trustee sh�11 apply the proceeds of the sale in the following order: (a) to all costs
<br />and egpenses af egercising the power of sale, and the sale, including the payment of the Trustee's fees
<br />actuaIIy incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured
<br />by this S�urity Instrument; and (c) any escess ta tLa person or persons legally entitled to it
<br />23. Reconveyance. Upon payment of alI suzns secured by this Security Instrument, Lender shall
<br />d� uest Trustee to re-convay the Property and shall surreader this Security Inshvment and all notes evidencing
<br />secured by this Security Instnunent to Tivstee. Trustee shall reconvey the Property without warranty to the
<br />person orpersons legally entitled to i� Such person or persons shall pay ffiy recordation costs. I.endez may
<br />charga such persan or gersons a fee for reconveym� the Progerty, but onl� if the fae is paid to a third party (such
<br />as the Z�ustea) for sernces rendered aad the chargmg of the fee is permitted under Applicable Law.
<br />NEBRA,SKA,—Siugle Family—Fannie MaelFreddte Mae i]NIFORM IN3TRUMEIVT (1VIE1tS) Form 3028 I/Ol (page 8 of 9pages)
<br />12439.CV (9/il) 4300102695 Creative Thiul4ng, Inc.
<br />GOTO(003bed28)
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