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201708169
<br /> LOAN#:16681
<br /> Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br /> servicing obligations under the Note, this Security Instrument, and Applicable Law.There also might be
<br /> one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
<br /> Loan Servicer, Borrower will be given written notice of the change which will state the name and address
<br /> of the new Loan Servicer, the address to which payments should be made and any other information
<br /> RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
<br /> Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing
<br /> obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
<br /> and are not assumed by the Note purchaser unless otherwise provided by 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
<br /> Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br /> by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
<br /> such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded
<br /> the other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br /> Applicable Law provides a time period which must elapse before certain action can be taken, that time
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<br /> period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and
<br /> opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
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<br /> Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br /> 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
<br /> and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br /> pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive
<br /> materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property
<br /> is located that relate to health,safety or environmental protection;(c)"Environmental Cleanup"includes
<br /> any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br /> "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br /> 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
<br /> not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br /> Environmental Law, (b)which creates an Environmental Condition, or(c)which, due to the presence,
<br /> use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br /> Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br /> of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br /> residential uses and to maintenance of the Property(including,but not limited to,hazardous substances
<br /> in consumer products).
<br /> Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit
<br /> or other action by any governmental or regulatory agency or private party involving the Property and
<br /> any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br /> Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
<br /> of release of any Hazardous Substance, and(c)any condition caused by the presence, use or release
<br /> of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br /> notified by any governmental or regulatory authority, or any private party, that any removal or other
<br /> remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
<br /> take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br /> 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
<br /> following Borrower's breach of any covenant or agreement in this Security Instrument(but not
<br /> prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall
<br /> specify: (a)the default; (b)the action required to cure the default;(c)a date,not less than 30 days
<br /> from the date the notice is given to Borrower, by which the default must be cured; and (d) that
<br /> failure to cure the default on or before the date specified in the notice may result in acceleration
<br /> of the sums secured by this Security Instrument and sale of the Property.The notice shall further
<br /> inform Borrower of the right to reinstate after acceleration and the right to bring a court action to
<br /> assert the non-existence of a default or any other defense of Borrower to acceleration and sale.
<br /> If the default is not cured on or before the date specified in the notice, Lender at its option may
<br /> require immediate payment in full of all sums secured by this Security Instrument without further
<br /> demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br /> Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
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<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
<br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed
<br /> by Applicable Law to Borrower and to the other persons prescribed by Applicable Law.After the
<br /> time required by Applicable Law,Trustee shall give public notice of sale to the persons and in the
<br /> manner prescribed by A pp licable Law.Trustee,without demand on Borrower,shall sell the Property
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<br /> at public auction to the highest bidder at the time and place and under the terms designated in the
<br /> notice of sale in one or more parcels and in any order Trustee determines.Trustee may postpone
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<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01
<br /> Ellie Mae,Inc. Page 9 of 10 NEUDEED 0415
<br /> NEUDEED(CLS)
<br /> 11/17/2017 07:31 AM PST
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