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200900746 Instrument and performs other mortgage loan servicing obligatio~ under the Note, this Security Instrument, apd Applicable Law. There also might be one or more changes of the Loan SeMcer unrelated to a sale of the Note. If there IS a change of the Loan Servicer, Borrower will be given written notice of the change whi,ch will s,tate the name an.d a~dress oft;he n~w Loan Servicer, the address to which payments should be made and any other ~form~tlOn RESP A requrre~ m connection With a notice of transfer of servicing. Ifthe Note is sold and thereafter the Loan IS seMced by a Loan ServIcer other 1han the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remam with ~e Lo~ Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless othel'Wlse proVlded by the Note purchaser. . d' . I . (. 'th . d' 'dual Neither Borrower nor Lender. may commence, join, or be Joined to any JU I~Ia actl?n as el er an 10 IVl litigant or the member of a cla.~s) that anses from the other party's actIons pursuant to tillS Secutity Instrument or that ~leges that the other party has breached any provision ot; or any duty owed by reason ot; this Security Instnnnent, 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 ('arty h~reto a.reasonable period after th~ gi~g ofsuch notice to ~El corrective action, If Applicable Law provides a time peno~ whIch must elapse b~fore certam at:;tion can be take~ 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 18 shall be deemed to satisiy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the fullowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toXIC pesticides and herbicides, volatile solvents, materials conta.iJ!in~ ~bestos or fonnaldehyd~ and radioactive materials; (b) "Environm~ntal1.aw" means :federal ~aws ~d laws of the jUrISdIction where the Property IS located that relate to health, safety or enVlronmental protection; (c) 'EnVlronmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmentai 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 of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of s.mall quantities ofHazardops Sub,stances that ~e, generally recognized to be aPl'ropriate to normal residential uses ai1d to mamtenance of the Property (mcludmg, but not lImIted to, hazardous substances m 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 involvmg the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, jnc1udin~ butnot 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, IfBorrower 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 ob ligation 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 Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under 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 less than 30 days 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 ofthe Property. The notice shall further inform Borrower oftbe 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 and sale. Hthe 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 remedics pennitted by Applicable Law. Lender shall be entitled to collcct 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 mail copies of such notice in the manDer prescribed by Applicable Law to Borrower and to tlte other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to tbe persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public audion to the highest bidder at the time and place and under the tenns designated in the notice of sale in one or more parcels and in any order Trustee detennines. Trustee may postpone sale orall or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase tbe 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 ofthe truth of the statements made therein. Trustee shall apply the proceeds ofthe 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 Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Jnstnnnent, Lender shall request 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 to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrwnent is recorded, Wltllout conveyance of the Property, the 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 that copies of the notice ofdefuult and sale be sent to Borrower's address which is the Property Address. NEBRASKA-Single Family-FaDDI~ MaelFreddie Mae UNIFORM INSTRUMENT 97S4.CV (1108) 4300101223 Form 3028 1/01 (page 70/8 pages) Creative Thinking. Ine. GOTO(OOId32fb)