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<br /> 200905813
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<br /> Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br /> a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br /> purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br /> transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br /> purchaser.
<br /> Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
<br /> litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
<br /> that the other party has breached any provision of, or any duty owed by reason of, this Security 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 such alleged breach and afforded the other arty hereto a reasonable period after the giving of such notice to take
<br /> corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br /> period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br /> given to Borrower pursuant to Section 22 and the notice 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 following substances: gasoline,
<br /> kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br /> containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br /> the jurisdiction where the Property is located that relate to health, safety or environmental 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 the 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 of a 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, or storage on the Property
<br /> of small quantities of Hazardous Substances that are generally 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 of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<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 Environmental Law. Nothing herein shall create an obligation on Lender for an Environmental Cleanup.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br /> 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br /> Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br /> required to cure the default; (c) a date, not 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 of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br /> further inform Borrower of the right to reinstate after acceleration and 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. If the default is not cured on or
<br /> before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br /> secured by this Security Instrument without further demand and may invoke the power of sale 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 /> evidence.
<br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br /> the Property is located and shall mail 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, without demand
<br /> on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
<br /> terms designated in the notice of sale in one or more parcels and in any order Trustee determines. 'T'rustee may
<br /> postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br /> scheduled sale. Lender or its designee may 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 of the statements made
<br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising
<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 sums secured by this Security Instrument; and (c) any
<br /> excess to the person or persons legally entitled to it.
<br /> 23. Reconveyance. Upon payment of all sums secured by this Security Instnnrient, 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 reconvey the Property without warranty to the person or persons legally entitled to it.
<br /> Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the
<br /> 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
<br /> permitted under Applicable Law.
<br /> 24. Substitute 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 which this Security Instrument is
<br /> recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred
<br /> upon Trustee herein and by Applicable Law.
<br /> 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's
<br /> address which is the Property Address.
<br /> NEBRASKA--Single Family--Fannle Mae/Freddie Mae UNIFORM INSTRUMENT (MERS) Farm 3028 1/01 (page 7 of 8 pages)
<br /> 12439.CV (11/07) 4200366 Creative Thinking, Inc.
<br /> GOTO(002WA)
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