|
<br />200901250
<br />
<br />Loan.Servicer. the address !~ which payments. should be made and any other information RESP A requires in connection with
<br />a nobce of transfer of servicing. If the Note IS ~o!d and ~he~after the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note. the lllortgag~ loan sefVIcmg obhgabons to Borrower will remain with the loan Servicer or be
<br />transferred to a successor Loan Secvlcer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />
<br />. . Neither Borrower nor Lender. may commence, join. or be joined to any judicial action (as either an individual
<br />hngant or the member ofa class) that anses ~m the other party's actions pursuant to thi~ Security Instrument or that alleges
<br />that the other party has brc;ached any provIsIon of, or any duty owed by reason o( U1IS Secunty Instrument, until such
<br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)
<br />of suc~ alleg~d breach ~d afforded the .other I?arty hc:reto a reasonable period after the giving of such notice to take
<br />COf!"Cctlv~ action. If Apphcable law provides a orne penod which must elapse before certain action can be taken, that time
<br />p~nod Will be deemed to be reason~ble for purposes ~fthis pllnlgra~h. T.he notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Sceuon 22 and the nouce of acceleratIOn given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. .Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as tOXIC or hazardous substances, pollutants. or wastes by Environmental Law and the full owing substances: ga.'IOline.
<br />kerosene, oUler flammable or toxic petroleum products. toXJC pesticides and herbicides. volatile solvents, materials
<br />con~i~in, ~bestos or formaldehyd~, and radioactive materials: (b) "Environmental Law" mcans fedcrallaws and laws of
<br />the JunsdictJon where the Property IS located that relate to health, safety or environmcntal protection: (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law: and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use. disposal. storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in thc 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 ofa Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use. orstorngeon the Property
<br />of small quantities of Hazardous Substances that are gencrally 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
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling,leaking, discharge, release or threat of release of any Hazardous Substance. and (c) any condition caused by the
<br />presence, use or release ofa Hazardous Substance which adversely affects the value of the Property. IfBorrower learns, oris
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmcntal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agrce as follows:
<br />22. Acceleration; Remedies, Lender shall give notice to BorrO"ier prior to acceleration follol'fing
<br />Borrower's breach ofany covenant or a~reement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law pro"ldes otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date,lIot less than 30 days from the date the notice is given to Borrower, by which
<br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration ofthe sums secured by this Security Instrument and sale of the l'roperty. The notice shall
<br />further inform Borrower of the right to reinstate after acceleration aud the right to bring a court action to assert the
<br />non-existence of a default or any other defense of Borrower to acceleration and sale. (fthe defnult is not cured on or
<br />before the date spClCiflflliu the notice, Lender at its-optlOlnDay rcquire-Immedla"lf payrnenr1ilfutr-of all sums
<br />secured by this Security Instrument without further demand and may invoke the power ofsale and any other
<br />remedies permitted by Applicable Law, Lender shall be entitled to collect all expenses incurred In pursuing the
<br />remedies provided In this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title
<br />e,,'idence.
<br />Uthe power ohale is im'oked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mall copies of such notice In the manner prescribed by Applicable Law to Borrower
<br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, "ithout demand
<br />on Borrower, shall sell the Property at public auction to the highest bidder at the time aod place and under the
<br />terms designated In the notice of sale in one or more parcels and in any order Trustee dctermines. Truste~ may
<br />postpone sale ofall or any parcel of the Property by public announcement at the time aud place oCany preVIously
<br />scheduled sale, Lender or its desIgnee lIIay purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals In the Trustee's deed shall be prima facie evidence of the truth oCthe statements ~~de
<br />therein. Trustee shall apply the proceeds of the sale In the follol'fing order: (a) to all costs llnd expenses ofexerclSwg
<br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable
<br />attorneys' fees as permitted by Applicable Law; (b) to all Slims secured by this Security Instrument: and (c) any
<br />excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment ofallsurns secured by this Security Instrument, Lender shall request Trustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall reconver the Property without warranty to the person or persons legally entitle~ to it
<br />Such person or persons shall pay any recordation costs. Lender may charge suc~ person or persons a fee fur ~nveymg ~
<br />Property, hut only ifthe fee is paid to a third party (such as the Trustee) for services rendered and thc chargmg ofthc fee IS
<br />permitted under Applicable Law.
<br />24. Suhstitute Trustee. Lender. at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in whi,ch this Sccurity l~strument is
<br />recorded. Without conveyance of the Property. the successor trustee sbal1succeed to all the nUe, power and duties conferred
<br />upon Trustee herein and by Applicable law.
<br />25. Request for Notices. Borrower requests that copies ofUle notice ofdcfault and sale be sent to Borrower's
<br />address which is the Property Address.
<br />
<br />NEBRASKA-Single Family-Fannie MaelFreddle Mae UNIFORMINSfRU:\lENT
<br />I 2439.CV (1107) 4200244
<br />
<br />(:\IERS)
<br />
<br />Form 3028 1101 (page 7018 pages)
<br />Creative Thinking, Inc.
<br />
<br />GOTO(OOla6a89)
<br />
<br />~
<br />
|