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201207860
<br />Neither Bonower nor Lender may commence, join, or ba joined to any judicial aclion (as either an
<br />individual lidgant or the member of a class) that arises from the other party's actions pursoant to this Security
<br />Inshvment or thet alleges that the othar party has breached any provision of, or any duty owed by reason of, this
<br />Security Instrument, unHl such Borrower or ].endar has notified the other party (with such noticeg�ven in
<br />compliance with the rayuirements of Section 15) of such alleged breach and afforded the other party harato a
<br />reasonable period after the giving of such notice to take coaective action. If Applicabla Law provides a time
<br />period which must elapsa before certain action can ba tak�, that time period will be deemed to be reasonable for
<br />putposes of this paiagraph. The notice of accelaration and opportanity to ciueg�vCrt to BonOWei P"*�'a*+t to
<br />Secdon 22 and the notice of acceleiation givanto Boirowes pursuant to Section 18 shall be deeiaed to satisfy the
<br />nodce and opporhmity to taka corrective action provisions of this Section 20.
<br />Zl. Hazardous Substances. As nsed in this Section 21: {a) "Hazardous Substances" are those
<br />substances defined as toxic ar ha�ardous substanc�, pollutants, or wastes by EnvironmentaI Law and the
<br />foUowing substances: gasoline, kerosene, other flaznmabla or toxic pdrole�m products, to�cic pesticides and
<br />herbicides, volarile solveats, materiaLs containing asbestos or foimaldehyde, and ndioactive materials; (b)
<br />"Environmental Law" means federal Iaws and laws ofthe j�lsdicHon where tha Properiy is ]ocated that relata to
<br />health, safety or environmental protection; (c) "Environmental Cleanup" inctudas any response action, remedial
<br />action, or removal action, as defined 'm Environmental Law; and {� an "EnvQonmental Condition" means a
<br />condifion that can cause, conhibnte to, or otherwisa trigger an Enviroamantal Cleanup.
<br />Borrowar shall not cause or permit the presence, usa, disposal, storage, or release of any Ha�rdaus
<br />Substances, or threaten to releese any Ha�ardous Substazicas, on or m the Properiy. Borrower shall not do, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmantal Law,
<br />(b) which creatas an Environmental Candition, or (c) which, due to thepresence, usa, orrelease ofaHezardous
<br />Substance, creates a condition that adve:sely affect4 the value ofthe Property. The preceding two sentences shall
<br />not apply to tha presenca, use, or storage on the Property of smallpuanntie.v of Tia�rdous Substances that are
<br />generally recogn�zed to ba appropriate to normal residenUal uses and m naintenanca of tha Property (including,
<br />but not limited to, ha�ardous substance.s in consumer produccs).
<br />Boaower shall promptly give Lander written notice of (a} any mvestigarion, claia�, demand,lawsuitor
<br />other action by any govemmental orregulatory agency orprivaze pariy mvolving the Property and any Hazardous
<br />Substance or Environmental I.aw of which Boaower hav actual Imowledge, (b) any Environn�ntal Condition,
<br />including but not limited to, any spillmg, leaking, dischazga, ralease or threat of release of any Hazardous
<br />Substance, and (c) any condition caused by the presence, use or release of a Ha�ardous Substance which
<br />adversely affects the value of the Property. If Bonower leams, or is notified by any govemmental or ragulatory
<br />authority, or any privste party, that any removal or other remediarion of any Hazardous Substanca affecting the
<br />Properry is necessary, Borrower shall promptly take all necess�ry remedial actions in accordance wrth
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-UNiFORM COVENANTS. Borrower and Lender further cov�t and agree as follows:
<br />22. Acceleratton; Remedies. Lender shall give notice to Borrower prtor to acceleraUon foltowing
<br />Borrower's breach of any covenant or agreement in this Security Inshvm�t (bnt not pr[or to acceleration
<br />under Section 18 unless Appticable Law provides otherwise). The notice shall specify: (a) the defaul�
<br />(b) the action required to cure t6e defaalt; (c) a date, not less tha¢ 30 days from the date the notice is given
<br />to Borrower, by which the defanit must be cured; and (d) that failure to cure ttte default on or before the
<br />date specified in the not[ce may resnit in acceleradon ott6e aums seeared by this Secnrity Instrument and
<br />sale of the Property. T6e noHce s6a11 further inform Borrower of the riq;ht to reinstate after acceleretion
<br />and the right to bring a court sction to essert the non-e�istence of a defanit or any other defense of
<br />Borrower to acceleratioa aad sale. If the default is not cured on or before the date specffted fn the notice,
<br />Lender at its option may require immediate peyment 9n full of all sums secnred by this Securlty Instrument
<br />without further demand and may invoke the powerofsale and any other remedies permitted by Applicable
<br />Law. Lender shall be et►titled to callect all ezpeases incurred in pursning the remedtes provided in this
<br />Section 22, tncluding, but not limtted to, reasonable attorneys' fee.s and costa of tltle evtdence.
<br />Tf the power of sa]e is invoked, Tr�cstee shell record a notiee of defaalt in each county in w8ic6 any
<br />part of the Property is located and shall ma[I copies of anch notica in the maaner prescribed by Applicable
<br />Law to Borrower and to the other persons prescrlbed by Appliesble Law. After the time required by
<br />Applicable Law, Trnstee shall give pablic noHce of sale to the persons and in the manner prescnbed by
<br />Applicable Law. Trustee, without demand on Borrower, ahall sell the Properly at public auction to the
<br />highest bidder at the tlme and place and ander the terms desigaated in t6e nof3ce of sale in one.or more
<br />parcels and in any order Trnstee determines. Trustee may postpone sale of aU or eny pareel of the
<br />Property by publtc anooancement at the time and place of any previously acheduled sale. Lender or its
<br />designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee ahall deliver to the parchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed s6all be prima faeie evidence of the truth ofthe
<br />statementa made therein. Trustee shall apply the proceeds of t6e sale ia the following order: (a) to all costs
<br />and eggenses of exercls9ng the power of sale, and the sale, including the payment of the Trustee's fee.c
<br />actually incurred and reasonable attorneys' fees as permitted by AppHceble Law; (b) ta all aums secured
<br />by this Security Inatrument; and (c) any ezcess to the peraon or persoos legally enHtled to it
<br />23. Reconveyance. Upon payment of all sums secuored by this Security Instr�ent, Lender shall
<br />request Tmstea to re-convey the Property and shall sutrand� this Security Instrument and all notas evidancing
<br />debt secwed by this Sec�uity Instnaaent w Trustee. Trustea shall reconvey the Property without warranty to the
<br />person or persons legally entitled to ik Such person or persons shall pay any recordation costs. Lender may
<br />charge such person or pe�ons a fee for reconveym� the Ptopaty, but onl� if the fee is peid to a third pariy (such
<br />as the Trustee) for services rendered and the chargmg of the fee is perm�tted imder Applicabla Law.
<br />?A. Substitute Truatee. Lender, at itc option, may from time to tfrne remove Tivstee and appoint a
<br />successor trustee to any Trustee appointed hereunder by an inseumem recorded in the county in which this
<br />Sec�sity Insh��ent is recorded. Without conveyance of the ProparEy, the successor hustee shell succeed to all
<br />the title, power and duties conferred upon Tnutee harein and by Applicable Law.
<br />25. Request for Notices. $orrower requesGv thet copies of the norice of default and sale be sent to
<br />Borrower's address which is tha Property Addresa.
<br />NEBItASKA—Single Femly—Feno[c MadFreddie Mac UNIFORM INSTRUNNIENNT Form 70E8 1/Ol (page 8 qf 9 pagesJ
<br />9734.CV (7111) 4300102807 Creettvc Think[ng, Iac.
<br />QO7Yf(003feT41)
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