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<br />200607624 <br /> <br />Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law_ There also might bc one or more changes ofthe Loan Servicerunrelated to a sale of the Note_ If there is a diange of <br />the Loan Servicer, Borrower will be given written noticc of the change which will state the name and address ofthe new <br />Loan Servicer, the address to which payments should be made and any other infonnation RESP A requires in connection with <br />a notice of transfer of servicing, lfthe Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of thc 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 the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges <br />that the other party has breached any provision of. or any duty owed by reason of. this Secunty Instrument, until such <br />Borrower or Lender has notified the other party (with such noticc given in compliancc with the requirements of Section 15) <br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action, If Applicable Law provides a Irme period which must elapse before certain action can be taken, that time <br />period will be deemed to bc reasonable for purposes of this paragraph, The noticc of acceleration and oppornmity to cure <br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be <br />deemed to satisfy the notice and oppornmity 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 />dcfined as toxic or hazardous substances, pollutants. or wastes by Environmental Law and the following substances: gasoline, <br />kerosenc, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />contaIning asbestos or formaldeh)'le, and radioactive materials; (b) "Environmental Law" means federal laws and laws of <br />the jurisdiction whete the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any resp,onse action, remedial action. or removal action, as defined in Environmental Law; and (d) an <br />"Environmental Condition' means a condition that can causc, contribute to, or oiberwise 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 />anyihing affecting ibe 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, orrelease of a Hazardous Substance, creates a condition that adversely <br />affects thc value of the 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 residential uses and to <br />maintenance ofthc Property (including, but not limitcd to, hazardous substances ill consumer products), <br />Borrower shall promptly give Lender written notice of( a) any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency Or private party involvrng the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />any spilling, leaking, discharge, release Or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presencc, use or release of a Hazardous Substance which adversely affects the value of the Property. Iffiorrower learns. or is <br />notified by any governmental or regulatory auibority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Noihing hercin shall create any obligation on Lender for an Environmental Clcanup, <br />NON~UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender $hall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or a~reement in this Security In$trument (but not prior to acceleration nnder <br />Section 18 unless Applicable Law prOVIdes otherwi$e). The notice $hall $pecify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the uotice may <br />result in acceleration of the sums secured by this Security In$trument and sale of the Property. The notice shall <br />further infonn Borrower of the right to rein$tate after acceleration and the right to bring a court action to assert the <br />non-existence of a default or any other defense of Borrower to acceleration and sale. If the default i'l not cured on or <br />before the date specified in the notice, Lender at its o:r.tion may require immediate payment in full of all sums <br />secured by tbis Security Instrument without furtber emand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in thl$ Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default In each county in which any part of <br />the Property is located and sball mail copies of sueh notice in the manner prescribed by Applicable Law to Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand <br />on Borrower, shall sell the Property at public auction to the highe$t bidder at the time and place and under the <br />tenns designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustec may <br />postpone sale of all or any parcel of the Property by public announcement at the time and piace of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Tru$tee's deed shall be prima facie evidence ofthe truth ofthe statements made <br />therein. Trustee shall apply the proceeds ofthe $ale in the following order: (a) to all costs and expen$es of exerci'ling <br />the power of sale, and the sale, including the payment of the Trustee's fees actuall~ incurred and reasonable <br />attorneys' fees a$ pennitted by Applicable Law; (b) to all sums secured by this Secunty In$trument; and (c) any <br />exce," to the person or persons legally entitled to It. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instnnnent, Lender shall request Trustee to <br />re-convey the Property and shall surrender ibis Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs, Lender may charge such person or persons a fee forreconveying the <br />Property, but only ifibe fee is paid to a ihird party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law, <br />24. Substitute Trnstee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred <br />upon Trustee herein and by Applicable Law. <br />25. Request for Notlces. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is thc Property Address. <br /> <br />NEBRASKA-Single Family-F.....ie MaalFreddie M.. UNIFORM INSTRUMENT <br />9754,CV (lUllS) 260074 <br /> <br />Form 3018 1/01 (poge 7oJ8poges) <br />Creative ThiDkID&, 10.. <br /> <br />GOTO(ooll4do2d) <br /> <br />~E <br /> <br />PDF created with pdfFactory Pro trial version WWW.odffactorv.com <br />