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��. : :: N , . ;� .- ��; <br />2p12064 20�20462F <br />under the Note and this Security Inshument and performs other mortga� <br />Note, this Security Instrument, and Applicable Law. There also mighl <br />Servicer unrelated to a sale of the Note. If there is a change of the Loan S� <br />notice of the change which will state the name and address of the nev� <br />payments should be made and any other information RESPA requires in <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Lo; <br />the Note, the mortgage loan servicing obligations to Borrower will � <br />transferred to a successor Loan Servicer and aze not assumed by the Note � <br />the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be join <br />individuallitigant or the member of a class) that arises from the other p� <br />Instrument or that alleges that the other pariy has breached any provision <br />Security Instrument, until such Borrower or Lender has notified the c <br />compliance with the requirements of Section 15) of such alleged breack <br />reasonable period after the giving of such notice to take corrective actic <br />period which must elapse before certain action can be taken, that time per <br />purposes of this pazagraph. The notice of acceleration and opportunity <br />Section 22 and the notice of acceleration given to Borrower pursuant to S� <br />notice and opporhanity to talce corrective action provisions of this Sectic <br />21. Hazardous Substances. As used in this Section 21: ( <br />substances defined as toxic or hazardous substances, pollutants, or w <br />following substances: gasoline, kerosene, other flammable or toxic pet <br />herbicides, volatile solvents, materials containing asbestos or formaldi <br />"Environmental Law" means federal laws and laws of the jurisdiction wh <br />health, safety or environmental protection; (c) "Environmental Cleanup" <br />action, or removal action, as defined in Environmental Law; and (d) at <br />condition that can cause, contribute to, or otherwise trigger an Environn <br />Borrower shall not cause or permit the presence, use, disposal <br />Substances, or threaten to release any Hazardous Substances, on or in tt� <br />allow anyone else to do, anything afFecting the Property (a) that is in <br />(b) which creates an Environmental Condition, or (c) which, due to the p <br />Substance, creates a condition that adversely affects the value of the Prop� <br />not apply to the presence, use, or storage on the Properiy of small qua.nt <br />generally reco�*+i �ed to be appropriate to nom�al residential uses and to n <br />but not limited to, hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any u <br />other action by any governmental or regulatory agency or private party in` <br />Substance or Environmental Law of which Borrower has actual knowlei <br />including but not limited to, any spilling, leaking, discharge, release i <br />Substance, and (c) any condition caused by the presence, use or rele <br />adversely affects the value of the Property. If Borrower learns, or is notil <br />authority, or any private pariy, that any removal or other remediation of � <br />Property is necessary, Borrower shall promptly take all necessary : <br />Environmental Law. Nothing herein shall create any obligation on Len� <br />NON-UNIFORM COVENANTS. Borrower and Lender furth� <br />22. Acceleration; Remedies. Lender shall give notice to Bor <br />Borrower's breach of any covenant or agreement in this Security Inst <br />under Section 18 unless Applicable Law provides otherwise). The <br />(b) the action required to cure the default; (c) a date, not less than 30 <br />to Borrower, by which the default must be cured; and (d) that failur <br />date specified in the notice may result in acceleration of the sums sec� <br />sale of the Property. The notice shall further inform Borrower of th� <br />and the right to bring a court action to assert the non-ezistence c <br />Borrower to acceleration and sale. If the default is not cured on or b <br />Lender at its option may require immediate payment in full of all sum <br />without further demand and may invoke the power of sale and any ot� <br />Law. Lender shall be entitled to collect all expenses incurred in pu� <br />Section 22, including, but not limited to, reasonable attorneys' fees � <br />If the power of sale is invoked, Trustee shall record a notice � <br />part of the Property is located and shall mail copies of such notice in 1 <br />Law to Borrower and to the other persons prescribed by Applicab <br />Applicable Law, Trustee shall give public notice of sale to the persa <br />Applicable Law. Trustee, without demand on Borrower, shall sell 1 <br />highest bidder at the time and place and under the terms designate� <br />parcels and in any order Trustee determines. Trustee may postp <br />Property by public announcement at the time and place of any pre� <br />designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deli <br />conveying the Property. The recitals in the Trustee's deed shall be p� <br />statements made therein. Trustee shall apply the proceeds of the sale <br />and ezpenses of ezercising the power of sale, and the sale, includin <br />actually incurred and reasonable attorneys' fees as permitted by Ap; <br />by this Security Instrument; and (c) any ezcess to the person or per <br />23. Reconveyance. Upon payment of all sums secured by 1 <br />request Trustee to re-convey the Property and sha11 surrender this Securi <br />debt secured by this Security Instrument to Trustee. Trustee shall reconv <br />person or persons legally entitled to it. Such person or persons shall p� <br />charge such person or persons a fee for reconveying the Property, but onl <br />as the Trustee) for services rendered and the charging of the fee is perm <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac iJNIFORM INSTRUMEN'I' <br />12439.CV (9/11) 907367 <br />� loan servicing obligations under the <br />be one or more changes of the Loan <br />rvicer, Borrower will be given written <br />Loan Servicer, the address to which <br />;onnection with a notice of transfer of <br />n Servicer other than the purchaser of <br />�main with the Loan Servicer or be <br />urchaser unless otherwise provided by <br />:d to any judicial action (as either an <br />-ty's acrions pursuant to this Security <br />�f, or any duty owed by reason of, tlus <br />her party (with such notice given in <br />and afforded the other pariy hereto a <br />i. If Applicable Law provides a ti�re <br />�d will be deemed to be reasonable for <br />o cure given to Borrower pursuant to <br />ction 18 shall be deemed to satisfy the <br />i 20. <br />) "Hazardous Substances" are those <br />stes by Environmental Law and the <br />oleum products, toxic pesticides and <br />syde, and radioactive materials; (b) <br />re the Property is located that relate to <br />ncludes any response action, remedial <br />"Environmental Condition" means a <br />;ntal Cleanup. <br />storage, or release of any Hazardous <br />; Property. Borrower shall not do, nor <br />riolation of any Environmental Law, <br />�sence, use, or release of a Hazardous <br />ty. The preceding two sentences shall <br />aes of Hazardous Substances that are <br />aintenance of the Properiy (including, <br />✓estigation, claim, demand, lawsuit or <br />�lving the Property and any Hazardous <br />ge, (b) any Environmental Condition, <br />r threat of release of any Hazardous <br />se of a Hazardous Substance which <br />ed by any governmental or regulatory <br />ny Hazardous Substance affecting the <br />;medial actions in accordance with <br />�r for an Environmental Cleanup. <br />- covenant and agree as follows: <br />ower prior to acceleration following <br />ument (but not prior to acceleration <br />iotice shall specify: (a) the default; <br />ays from the date the notice is given <br />to cure the default on or before the <br />red by this Security Instrument and <br />right to reinstate after acceleration <br />' a default or any other defense of <br />fore the date specified in the notice, <br />secured by this Security Instrument <br />;r remedies permitted by AppHcable <br />suing the remedies provided in this <br />nd costs of title evidence. <br />f default in each county in which any <br />ie manner prescribed by Applicable <br />e Law. After the time required by <br />�s and in the manner prescribed by <br />�e Property at public auction to the <br />in the notice of sale in one or more <br />�ne sale of all or any parcel of the <br />ously scheduled sale. Lender or its <br />er to the purchaser Trustee's deed <br />na facie evidence of the truth of the <br />� the following order: (a) to all costs <br />the payment of the Trustee's fees <br />icable Law; (b) to all sums secured <br />�ns legally entitled to it. <br />is Security Instrument, Lender sha11 <br />� Instrument and all notes evidencing <br />� the Property without warranty to the <br />� any recordation costs. Lender ma,y <br />if the fee is paid to a third party (such <br />ed under Applicable Law. <br />Form 30281/Ol (page 8 of 9 pages) <br />Creative Tlunktug, Inc. <br />GOTO(001 f/691) <br />,� ' � D� �' <br />