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<br />200707117 <br /> <br />insrrnl11entaHty or entity; or (d) Electronic Funds Tmnsfcr. Upon ,-eil1,t"ltoHlt>"t by Borrower, this Security InslnlJ:nwt "nrl <br />obligations seellrClI1ICrehy shall remain fully effective as if no accelemtion had o~Gllrre(L HowGver, Ihis right to re;w;tate "flail <br />not apply in th" "ase of acceleration undcr Scction IS. <br />20, Sale of Notc; Change of I.oan Service!:'; Notice or Grlev,mce, The Note lJI a partial intcrest in the Note (toBc1.her <br />wilh this Security Instrument) can be sold One or more times without prior notice to Borrower. A sale might rORu1t in a ehangc <br />ill the entity (known as the ''Loan Servicer") that coUecls P....dodic Payments dllC l111dcr the Note and this Security Instrument <br />and perfonns other mortgage loan servicing obligations under the Note, this Seclully Instrument, and Applicahle Law, 'Jberc <br />also might bc one or more change" of the Lo"n Servicer unrelated to a sale of the Note. If there is a change of the Loau <br />Servicer, Borrower will be given written notice of tho change which will state lbe name and addreRS of the new LOflll Servicer, <br />Ille address to which paymont" "hould be made and any other information RESPA requir..'s in connection with a notice of <br />transfer of servicing. If the Note is "01,] and thereafter the Loan is serviced by a Loan Servicer other than the pnrchaser of the <br />Note, the mortgage loan servicing ohligations to BOITOwer will remain with the Lo!U\ Servicer or be l.r!U\sferred 1.0 a successor <br />Loan ServiceI' and are not assumed by the NOle purchaser nnless ol.herw;se pl'Ov;ded by the Note purchHRer. <br />Neither BorrowOf nor Lender \TIay conunence, join, or be joined 1.0 any judicial action (as either an individual litigant or <br />thc mcmber of a cIa,,) Ihal arises from Ille other party's actions pn!""uantto this Security Instrument or that alleges that the <br />other party has breached any provision nf, 01" any duty owed by reason of, this Secudty lustrument, until such Borrower or <br />Lender has notificd the other party (with such notice givcn in compliance with the requiremen ts of Section 15) of such alleged <br />breach and afforded the other party hereto a reasonable poriod after the giving of Ruch notice to take corrective action, If <br />Applicable Law provide" a time period which Ulust elapse before ce:ttl\in action CRn be taken, that tinle period will be deemed <br />to be rc.~sonllbk for purposes of this parar,raph. ]1,,, notice of acceleration and opportunity to cure given to Borrower pur"uant <br />10 Section 22 and the nolice of accelenltion given to Borrower pursu!lllt to Section 18 shall be deemed to satisfy the noticc and <br />opportunity to take corrective action provisions of lhis Section 20. <br />21., Hazurdous Substances. As used in this Section 21; (a) "Hazal"dous Substances" al"e those substances detlned as <br />toxio or hazardous subslanGe>;, pollutants, or waslcs by Enviroumental .Law and the following snbstances: gasoline, kCl"Oselle, <br />olll"r flawrllahle or toxic petrolelUn products, toxic pesticides and herbic-ides, volatile solvents, materials oontaining ashesto" or <br />form"lc1ehyc1e, nnd radioactive l1Iatcri~I~; (b) "Euvirunnrelltal Law" weallS federal laws and laws of th" jurisdiction whcre the <br />Propclty is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" inclndes "ny responsc <br />action, remedial action, or removal action, lIS dcfin<:d in Environmental Law; and (d) an "f.inviromncntal Condition" mcans a <br />condi.l.ion that can cause, contribute to, or olhcl"WiM' trig,gcr an EnviT01lmenl"l Cleanup. <br />Borrower shall not ca],lse or permil the presence, use, disposal, storage, 01' releaso of any H!UI',ardous Substances, or <br />threaten to release any Hazardous Suh,tance.., on or in the Property. Borrower shall not do, nor allow anyonc else to do, <br />anything affccting the Propelty (a) that is in violation of any Environmental Law, (b) which creates !U\ Environmental <br />Condition, or (c) which, dne to the presenco, use, or release of a HR7,ardons Snb..t"noe, c,.eate" a oondition that adv"",dy aff""I.~ <br />the valne of the Propeny. The preceding two sentences shall not apply to the presence, use, or storage on the Property uf small <br />quantities of Haz~rdous Substances that are generally recognized to be appropriate to normal residential uses aud to <br />maintenance of the Propcrty (including, hut !lot limited to, hazardous .uhstal1c~S;lI cOll"Urner produets). <br />Horrower shall promptly givc Lender written notice of (a) any investigation, claim, domand, lawsuit Or other action by <br />any goverIl1neutal or regulatory agency or private party involving the Property and any Hazardous Suhstance or Environmcntal <br />Law of which Honower has actual knowledge, (b) any Environmental Condition, including bnt not limited to, any spilling, <br />leaking, discharge, release or thrcat of release of any Ha"ardous Substance, and (c) any condition caused by the presence. usc <br />or release of a Haz.ardous Substlillcc which adversely affects the valne of the Property. If Borrower learns, or is 1I0tified by any <br />governmental or regulatory authority, or any privatc party, that any removal or other remec1iation of any Hazardous Substance <br />affcctine thc Pn'lperty is necessary, Borrower "hall promptly take all necessary remedial actiOIlS in accorda"ce with <br />Environmental L~w. Nothing herein shall create any obligatioJl on Lender for an Environmenlal Cleanup. <br /> <br />NON-UNTI10RM COVENANTS. Borrower ,md Lender further cuvenant and agree as follow", <br />22. Acceleration; Remedies. Lender shull give Dutke to Borrower prior to acceleration following Borrower's <br />breach or nny covenant or agreement in thi. Security Tusb-ument (hut not prior to acceleration Ullder Section 1.8 unless <br />Applicable Law provides otherwise). TL~ notice sball spccily-: (a) the (lefault; (b) the action required to cure thc defnult; <br />(c) a date, not J.....8 than 30 day" from the date the notice i" given to Borrower, by wblch the default must be cured; and <br />(d) that failure to cure the defuult on or before the date specified In the notice may '"esult in acceleration of the sums <br />secured by tills SecurIty Instrument and sale of the Property. The notice shall further Infonn Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non...,xistencc or a default or any other <br />defense of Borrower tu aeceler-..tion and sale. If the default is not cured on or before the date spectned in the notice, <br /> <br />NEBRASKA-Single 1'.lllily.~FolUlle Moe!Fr<ddle Mac UNIFORM INSTRUMENT <br /> <br />Form 3(lZS 1101 <br /> <br />ITEM T269SL 1 a {0308f-MERS <br /> <br />(Page 10 of 12 pages) <br /> <br />(jM~H_A.ND . <br />To OlderCll.II.:1..-800-53tJ-!J393 Ll Fil.x:81lJ~791-HJ1 <br /> <br />''*' <br /> <br />~w <br />