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201209761
<br /> LOAN ID # 1701572961
<br /> fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights uuder this
<br /> Security Instrument;and(d)takes such action as Lender may reasonably require to assure diat Lender's interest
<br /> in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by
<br /> this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement
<br /> sums and expenses in one or more of the following forms,as selected by Lender: (a)cash; (b)money order;(c)
<br /> certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an
<br /> institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic Funds
<br /> TransYer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain
<br /> fully effective as if�o acceleration had occurred. However,this right to reinstate shall not apply in the case of
<br /> acceleration under Section 18.
<br /> Z0. Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in Yhe
<br /> Note(together with Chis Security Instrument)can be sold one or more times without prior notice to Borrower. A
<br /> sale might zesult in a change in the enYiYy(known as the"Loan Servicer")that collects Periodic Payments due
<br /> under the Note and this Security Instrument and perYorms other mortgage loan servicing obligations under the
<br /> Note,this Security Instrument,and Applicable Law. There also might be one or more changes of the I,oan
<br /> Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower wil]be given
<br /> written notice of the change which will state the name and address of the new Loan Servicer,the address to
<br /> which payments should be made and any other information RESPA requues in connecUon with a notice of
<br /> transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br /> purchaser of the Note,the mortgage loan servicing obligafions to Borrower wil]remain with the I.oan Servicer
<br /> or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
<br /> provided by the Note purchaser.
<br /> Neither Borrowex nor Lender may commence,join,or be joined to any judicial action(as either an
<br /> individual litigant or the member of a clase)that arises from the other party's actions pursuant to this Security
<br /> Instrument or that alleges that the other party 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(with such notice given in
<br /> compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a
<br /> reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
<br /> period which must elapse before certain action can be taken,ttut time period will be deemed to be reasonable
<br /> for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
<br /> Sectio�22 and the notice of acceleration given to Bonower pursuant to Section 18 shall be deemed to satisfy the
<br /> notice and opportunity to take corrective action provisions of this Section 20.
<br /> 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances"are those substances
<br /> defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following
<br /> substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,
<br /> volatile soivents,materials containing asbestos or formaldehyde,and radioactive materials;(b)"Environmental
<br /> Law"means federal laws and laws of the jurisdictio�where the Property is located that relate to health,safeCy or
<br /> environmental protection;(c)"Environmental Cleanup"includes any response action,remedial action,or
<br /> removal action,as defined in Environmental Law;and(d)an"Environmental Condition"means a condition that
<br /> can cause,contribute 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 Property. Borrower shall not do,nor
<br /> allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)
<br /> which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous
<br /> Substance,cteates a condition that adversely affects the value of the Property. The preceding two sentenees
<br /> shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that
<br /> are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br /> (including,but not limited to,hazardous substances in consumer products).
<br /> Bortower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or
<br /> other action by any govemmental or regulatory agency or private party involving the Property and any
<br /> Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental
<br /> Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release oP any
<br /> Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance
<br /> which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or
<br /> regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance
<br /> affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance
<br /> with Enviromnental Law. Nothing herein shall create any obligaCion 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 prior to acceleration following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration
<br /> under Section 18 unless Appticable Law provides otherwise). The notice shall specify: (a)the default;(b)
<br /> the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to
<br /> Borrower,by wluch the deFault must be cured;and(d)that failure to cure the default on or before the
<br /> date specified in the notice may result in acceleration of the 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 bring a court action to 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 /> without further demand and may invoke the power of sale and any other remedies permitted by Applicable
<br /> Law. Lender shall be en6tled to collect alt expenses incurred in pursuing the remedies provided in this
<br /> Section 22,including,but not limited to,reasonable attorneys'Fees and costs of title evidence.
<br /> If the power of sale is invoked,Trustee shalt record a notice of default in each county in which any
<br /> part of the Property is located aud shall mail copies of such notice iu the manner prescribed by Applicable
<br /> Law to Borrower and to the other persoos prescribed hy Applicable Law. After the time required by
<br /> Initials: .�7�'2� �1
<br /> NEBRASKA--Single Family—Eannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1101 (page 8 of 10 pages)
<br /> NECMMB-01042012 . www.ProClose.com
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