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<br />200700761 <br /> <br />and perfonns other mortgage loan servicing obligations under the Note, this Sccurity Instrument, and Applicable Law. lllere <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 />Servieer, if required under ApplicabJc Law, Borrower will be given written noticc of the change which will state the name and <br />address of the new Loan Servieer, 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 serviccd by a Loan Servicer <br />other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will rcmain with the Loan Servicer <br />or bc transferred to a successor Loan Servicer and are not assumed by the Notc purchaser unless otherwise providcd by the <br />Notc 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 Scction 14) of such alleged <br />breach and afforded the other party hereto a reasonabJc 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" arc those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, <br />other tlammable 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, lise, disposal, storage, or relea<>e 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 govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower ha<> actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, rclca<>c or threat of release of any Hazardous Suh<>tance, 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 />govemmental 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 /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree a<> 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 0);' TRllST-Sillgle Family-Secondary Lien <br />THE COMPLIANCE SOURCE. INC. C <br />ITEM 8627L9 (0304}-MERSMFNE3118 (Page Y of11 pages) <br /> <br />4QOJ247QQ4 GREATLAND. <br />To err or call: f'80O-53O-9393 0 Fax: 616-791-1131 <br />