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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 Instrument, 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 a change of the Loan 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 information RESPA requires in connection with a notice of transfer of
<br /> servicing. 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 remain with the Loan Servicer or be
<br /> transferred to a successor Loan Servicer and are 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 judicial 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 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,that time period will be deemed to be reasonable for
<br /> purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
<br /> Section 22 and the notice of acceleration given to Borrower 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
<br /> substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br /> following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br /> herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br /> "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to
<br /> health,safety or environmental protection;(c)"Environmental Cleanup"includes any response action,remedial
<br /> action, or removal action, as defined in Environmental Law; and (d)an"Environmental Condition"means a
<br /> condition that 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,
<br /> (b)which creates an Environmental Condition,or(c)which,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 presence,use,or storage on the Property of small quantities of Hazardous Substances that are
<br /> generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,
<br /> but not limited to,hazardous substances in consumer products).
<br /> Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or
<br /> other action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br /> Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,
<br /> including but not limited to, any spilling, leaking, discharge, release or threat of release 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 value of the Property. If Borrower learns,or is notified by any governmental or regulatory
<br /> authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the
<br /> Property is necessary, Borrower shall promptly take all necessary remedial 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 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 Applicable Law provides otherwise). The notice shall specify: (a)the default;
<br /> (b)the action required 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 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 entitled to collect all 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 shall record a notice of default in each county in which any
<br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable
<br /> Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br /> Applicable Law,Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br /> Applicable Law. Trustee,without demand on Borrower,shall sell the Property at public auction to the
<br /> highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br /> parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br /> Property by public announcement at the time and place of any previously scheduled 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 purchaser Trustee's deed
<br /> conveying the Property. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the
<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 Instrument;and(c)any excess to the person or persons legally entitled to it.
<br /> 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall
<br /> request Trustee to re-convey the Property and shall surrender this Security Instrument and all notes evidencing
<br /> debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the
<br /> person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may
<br /> charge such person or persons a fee for reconveying the Property,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 /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3028 1/01 (page 8 of 9 pages)
<br /> 12439.CV(6/13) 6899956940 Creative Thinking,Inc.
<br /> GOTO(006229ae)
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