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200709702 20 MOIQ}1 V4 WHCD LOAN t 501589406 information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servtcing obligations to Borrower will remain with the Loan Servicer or be transferred to 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 of a class) that arises from the other party's actions pursuant to this Security Instrument or that al,leges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or lender has notified the other party (with such notice given In compliance with the requirements of Section 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, that 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 1 B shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21 : (a) RHazardous Substances" are those substances defined as toxic or hazardous substances, poDutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) REnvironmental Law" means federal laws 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 defined 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 Substances, 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) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value ofthe 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 ~ncluding, but not Umited 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 by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other 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 agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borr6wor's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration undor Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not le88 than 30 clays from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assort the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified in the notice, lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale Is Invoked, Trustee shall record a notice of default In each county In which any part of the Property Is located and shall mall copies of such notice In the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the, persons and In the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale In one or mo... parcels and In any order Trustee detennlnea. Trustee may postpone sale of all or any parcel of the Property by public announcoment 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 of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statoments made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, Including the payment of the Trustee's fees actually Incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instru,ment; and (c) any excess to the person or persons legally entitled to it 23. Reconvoyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to re-convey the Property and shall surronder 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 for reconveylng the Property, but only if the fee is paid to a third party (such as the Trustee) for services ren'dered and the charging of the fee is permitted under Applicable Law. ~ ~ ~ NEBRASKA-Single Family..Fannle M../Fr.ddle Mac UNIFORM INSTRUMENT Form 30281/01 Ini tial~~ : ~ ~:.;J @ 1999-2004 Online Documents, Inc. Page 8 of 9 NEEDEED 0402 10-31-2007 16134