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<br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
<br />Note, this Security Inst�ument, and Applicable Law. 'There also might be one or more changes of the Loan
<br />Servicer unrelated to a sale of the Note. If there is achange of the Laan Servicer, Borrower will be given written
<br />notice of the change which will state the name and address of the new Loan Servicer, the address to which
<br />payments should be made and any other infannation RESPA requires in connection with a notice of transfer of
<br />servicmg. 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 rernain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless otherwise provided by
<br />the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judioial action (as either an
<br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
<br />Instrument or that alleges that the other pazty has breached any provision of, or any duty owed by reason of, this
<br />Security Instrument, until such Borrower or Lender has notified the other party (wrth such notice given in
<br />compliance with the requirernents of Sectian 15) of such alleged breach and afforded the other party hereto a
<br />reasonable period after the giving of such notice to take cotrecttve action. If Applicable Law provides a time
<br />period which must elapse before certain action cata be taken, that time period will be deemed to be reasonable for
<br />purposes of this paragraph. Tha notice of acceleration and opportunity to cure given to Borrower pursuant to
<br />Section 22 and the notice of acceleration a ven to Borrower pursuant to Section 18 shall be deemed to satisfy the
<br />notice and oppornmity ta take corrective action provisions of this Secdon 20.
<br />Z1. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or ha�ardous substances, polIutants, ar wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pasticides and
<br />herbicides, volatile solvents, lnaterials containing asbestos or farmaldehyde, and raclioactive materials; (U}
<br />"Environmental Law" means federal laws and laws ofthe jurisdicrion where the Properiy is located that relate to
<br />health, safety or environn►ental protection; (c) `Bnvironmental Cleanup" includes any response action, remedial
<br />action, or removal action, as defined in Environmental Law; and {d) an "Environmental Condirion" means a
<br />condition that can cause, conln'bute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Properiy. Borrower shall not do, nor
<br />allow anyone else to do, anything aff'ecting the Pmperiy (a} that is in violation of any Environmental Law,
<br />{b) which creates an Envu�onmental Condition, or (c) wluch, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
<br />not apply to the �resence, use, or storage on the Property of small quantifies of Hazardous Substances that are
<br />generally recogmzed ta be appropriate to normal residenrial uses and to maintenance of the Property {including,
<br />but not limited to, hazardous substances in conswner products).
<br />Borrower shall promptly give Lender written notice of (a} any investigation, claim, demand, lawsuit or
<br />other action by any gavemmental or regulatory agency or private pariy involving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual lrnowledge, (b) any Environmental Conditioq
<br />including but not limited to, any spilling, leaking, discharge, release or threat of reiease of any Hazardous
<br />Substance, and {c} any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the valne of the Property. If Borrower learns, or is notified by any govemmental or regulatory
<br />authority, or any private party, that any remova1 or other remediation of any Hazardous Substance affecting the
<br />�.'roperty is necessary, Borrower shall promptly take all necessary remediai actions in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower priorto acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not priorto acceleration
<br />under Section 18 unless Applicable Law provides otherwise). The notice shali speciPy: (a) the default;
<br />(b) the action regufred to cure the default; (c) a date, not less than 30 days from the date the notice is given
<br />to Borrower, by which the default must be cured; and (d) that failure to cure the defanit on or before the
<br />date specified in the notice may result in accelerallon ofthe sums secured by this Security Instrument and
<br />sale of t6e Property, The notice shall further infarm Borrower of the right to reinstate after acceleration
<br />and the right to br'rng a caurt action ta assert the non-existence of a default or any other defense of
<br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />withoat further demand and may iQVOke the power of sale and any other remedies permftted by AppUlcabie
<br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />Section 22, including, bat not limited to, reasonable attorneys' fees and costs oi'title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in wh9ch any
<br />part of the Property is located and shall mail copies of such notice in the manner prescri6ed by Applicable
<br />I.aw to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shail give public notice of sale to the persons and in the manner prescribed by
<br />AgpEicable Law. Trustee, without demand an Borrower, shall sell the Property at public auction fo the
<br />highest bidder at the time and place and under the terms designated in the notice of sale ia one or mare
<br />parcels and in any order Trustee determines. Trustee may postpone sale of a11 or any parcel of the
<br />Property by pubiic annonncement at the fime and place of any previously schednked sale. Lender or its
<br />designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the pnrchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth ofthe
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs
<br />and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees
<br />actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured
<br />by this Security Instrnment; and (c) any ezcess to the person or persons legally entitled to i�
<br />23. Reeonveyance. Upon payment of all sums secured by this Security Instrument, Lender shall
<br />request Trustee to re-convey the Propariy and shall surrenda this Security Instrument and all notes evidencing
<br />debt secvred by this Security Instrument to Tr�ustee. Trustee shall reconvay the Property without warranty to the
<br />person or persons legally entitled to it. Such person or persons shall pay any recordahon costs. Lender may
<br />chazge such person or persons a fee for reconveying the Prop�y, but only if the fee is paid to a third party (such
<br />as the Trustee} for services rendered and the charging of the fee is permitted under Applicable Law.
<br />NEBRASIZA—Singie Family—Fannie A4aelFreddie Mac iJNIFORM INSTRUMEIVT (MERS) Form 3028 I/Ol (page 8 of 9 pagesJ
<br />12439.CV (9/11) 4300102769 CreaHve Thinkiag, Inc.
<br />GOTO(003Po03b)
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