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200709607 Instrument and pertorms other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note, If/here is a change of the Loan Servicer, Borrower will be given written notice of the change which will slate the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing, Ifthe Note is sold and thereafter the Loan is serviced by a Loan Servicer olher than rhc purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred 10 a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member ofa class) that arises from the other party's actions pursuant io this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of~ rhis Security Instrument until such Borrower or Lender has notified the other parly (with such notice given in compliance with the requirements of Seclion 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, lhat. time period will be deemed to be reasonable for purposes of this paragraph, The notice of acceleration and opportUnity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section I S shall be deemed to satisfY the notice and opportunity lO lake corrective aClion provisions of/his Section 20, 21. Hazardous Suhstanccs. As used in this Section 21: (a) "Hazardous Substances" arc rhosc substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or loxic petroleum producls, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environmental Law" means tederallaws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law: and (d) an "Environmental Condition" meanS a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subsrances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) rhat is in violation of any Envlromuental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, orrcleasc of a Hazardous Substance, creates a condition that adversely affects the value of/he Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance Or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking. discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused byrhe presence, use or release ofa Ha~ardous Substance which adversely affects the value of the Property, IfBorrowcr learns, or is notified by any governmental or regulatory authorily, or any private party, that any removal or orhcr remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an Environmental Cleanup_ NON-UNIFORM COVENANTS, Borrower and Lender further covenant and al,'Tce as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicablc Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a datc, not less than 30 days from the datc the notice is given to Borrower, by which the default must hc curcd; and (d) that failure t.o cure t.he default on Or before the date specified in the notice may result in acceleration of the sumS secured by this Seeuri!)' Instrument and sale of the Propert}'. The notice shall furthcr inform Borrower ofthe right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration alld sale. If the default is not cured on or before the date specified ill the notice, Lellder at its OptiOll may require immediate payment in full of all sums secured by this Security Instrument without furthcr demand and may invokc thc power of sale and an}' other remedies permitted by Applicable Law. Lcndcr shall bc entitled to collect all cxpcnses incurred in pursuillg the remedies provided in this Section 22, including, but not limitcd to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invokcd, Trustee shall record a notice of default in each county in which any part of the Property is located and shllll mail copies of such llotice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribcd by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice ofsaleto the persons and ill the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell thc Property at public auctioll to the highest bidder at the time and place and under the terms designatcd in the notice of sale in one or more parcels and in an}' order Trustee determines. T rustec may postpone sale of all or any parcel of I. he Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustec's deed shall be prima facie evidencc oHhc truth oHhe statements made therein. Trustee shall apply thc proceeds oHhe sale in the following order: (a) to all cosh and expenses of exercising the power of sale, and thc salc, including the payment of the Trustee's fees actuall}' incurred and reasonable attorm'ys' fees liS permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any exccss to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lendershallrequcst Trustee to re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee_ Trustee shall reconvey the Property without warranty to the person Or persons legally entitled to it, Such person or persons shall pay any recordation costs, Lender may charge such person or persons a fee fur reconveying the Property, but only if the fee is paid 10 a rhird party (such as rhc Trustee) for services rendered and rhc charging of/he fee is pemlitted under Applicable Law, 24. Substitutc Trustee. Lender, at ilS option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instn.ment recorded in the county in which this Securily Instrument is recorded. Without conveyance of the Property, rhc successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law, 25. Request for Notices. Borrower requests rhat copies of the notice of default and sale be sent to Borrower's address which is the Property Address, NEBRASKA-Single family-hooie Mae/Freddie Mac UNIFORM INSTRUMENT 97S4,CV (1105) 6198557140 Form 3028 1/0.1 (page 7 or~ pages) Crea.ttv,-," Thinking, Inc. GOTO(OO]",707)