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<br />200609120 <br /> <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 Servieer unrelated to a sale of dIe Note. If there is a change of the Loan <br />Servicer, ifrequired under Applicable Law, Borrower will be given written notice of the change which will state the name and <br />address of thc 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, dIe mortgage loan servicing obligations to Borrower will remain with the Loan Servicer <br />or be transferred to a snccessor Loan Servicer and arc not assumed by dIe 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 thc other party's actions pursuant to this Security Instrument or that allegcs that the <br />other party has breachcd 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 ccrtain action can be taken, that time period will bc 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 Substanccs" are those substances defined as <br />toxic or hazill'dous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic petrolemll products, toxic pesticidcs illld herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of fue jurisdiction where the <br />Propcrty is located that relatc 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 Envirolilllental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creatcs a condition that adversely affccts <br />the value of the Property. TIle preceding two sentences shall not apply to the presence, use, or storage on the Property of small <br />quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to <br />maintenancc of the Property (including, but not limited to, hazardous substances in consumer prodncts). <br />Bon'ower shall promptly give Lender writtcn notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmental or rcgulatory agency or private party involving the Property and any Hazardous Substance or Environmcntal <br />Law of which Borrower has actual knowledge, (b) any Environmcntal 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 Substancc which adversely affects fuc value of the Property. If Borrower learns, or is notificd by any <br />governmental or regulatory authority, or any private party, dIat 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 witl1 <br />Environmental Law. Notlling herein shall create any obligation on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender furdIcr 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 /> <br />NEBRASKA DEED OF TRUST-Single Famity-Secondary Lien <br />THE COMPLIANCE SOURCE, INC, CC> <br />ITEM 8627L9 (0304)-MERS MFNE3118 (Page Y of11 pages) <br /> <br />40010:'\1804 GREATLAND. <br />10 Irrd., Call: 1-800-530-9393 D Fax: 616-791-1131 <br />