|
202101812
<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 aHazardous
<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 facie 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 reconvey ing 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 pages)
<br />12439.CV (6/13) 1702597636 Creative Thinking, Inc.
<br />GOTO(000c615I)
<br />
|