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200411954 -
<br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
<br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, if required under Applicable Law, Borrower will be given written notice of the change which will state the name and
<br />address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires
<br />in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
<br />other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
<br />or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the
<br />Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or
<br />the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
<br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
<br />Lender has notified the other party (with such notice given in compliance with the requirements of Section 14) of such alleged
<br />breach and afforded 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 period will be deemed
<br />to be reasonable for purposes of this section. The notice of acceleration and opportunity to cure given to Borrower pursuant to
<br />Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 19.
<br />20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
<br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial 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 Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
<br />the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
<br />quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, 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 other action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling,
<br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
<br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />governmental or 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 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 />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless
<br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
<br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
<br />defense of 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 without
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall
<br />be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not
<br />limited to, reasonable attorneys' fees and costs of title evidence.
<br />NEBRASKA DEED OF TRUST — Single Family— Secondary Lien
<br />THE COMPLIANCE SOURCE, INC. © GREATLAND ■
<br />ITEM 86271_9 (0304} —MERS (Page 9 of 11 pages) To Order Call: 1- 800.530 -9393 0 Pxc 616 -791 -1131
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