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201001934
<br />V1 t1BCD LOAN # 50788b418
<br />Information RESPA requires in connection with a notice oftransfer of servicing. If the Note is sold and thereafter the LDan
<br />is serviced by a Loran Services' other than the purchaser o1 the INpte, the mortgage kxan servicing abligaNonsto BarroMror
<br />will remain with the Loan Seniicer pr be transferred to a successor Loan 5ervicer and are not assumed by the Nate
<br />purchaser anises otherwise provided by the Note purchaser.
<br />Norther Borrower nor Lender may commence, join, or be joined to any judicial action (as either an Individual litigant
<br />pr the member of a class) that arises tram the other pony's actions pursuant to this Security Instrument or that alleges
<br />that the other party has breached arty provision at, pr any duty Cnksd by rpaspn ot, this Security InatrurneM, until such
<br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section
<br />15) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to
<br />take corrective action. If Applicable Law provides a time period which must elapse befpre certain action can be taken,
<br />that time period wip be deemed to be reasonable for purposes of this paragraph. Th® notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the native of acceleration given to Borrower pursuant
<br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined
<br />as toxic ar hazardous substances. pollutants. or wastes by Environmerttat Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesficides and herbicides, volatile solvents, materials
<br />containing asbestos ar formaldehyde, and radioactive materials; {b) "Errvironmsnta! Law" means federal laws and laws
<br />of the jurisdiction where the Property is located that relate tv healttr, safety or emironmenial protecfion; (c)
<br />"Environmental Cleanup" includes any response action, remedial aeon, pr removal action, as defined in Environmental
<br />Laiw; and (d) an "l~nviranmer7f0i Ganditiott" means a carxfitian that can cause, contribute ta, or otherwise trigger an
<br />Environmental Cleanup.
<br />F3orrcwNer shall not cause or permit ttw presence, use, disposal, skfrt-ga, ar release of anY Hazardous Substances,
<br />ar threaten to release any Hazardous Substances, an or in the Property. Borrower shall not da, nor allow anyone else
<br />to do, anytlting affectng the Property (a) that is in violation of any Environmental Law, (b) which creates an Envuanmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value of the Property. The preceding two sentences shall not apply W the presence, use, pr storage
<br />on the Property of small quantifies of Hazardous Substances that are generaity recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, but not limited tor, hazardous substances in consumer
<br />products).
<br />Borrower shaA promptly give I.~der written notice of (a) any investigation, claim, demand, lavrstift ar other action
<br />by arty governmental or regulatory agency ar private party irneolvhlg the Properly and any Hazardous Substance ar
<br />Environmental taw of which Borrower has actual knowledge, (b} any Environmental Condition, including but not limited
<br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c} any condition
<br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Properly,
<br />if Harrower learns, ar is notified by any governmental or regulatory authority, ar any private party, that any removal or
<br />other remediation of any Hazardous Substanc® affecting the Property is necessary, Borrower shaA promptly take all
<br />necessary remedialactions in accordance wikh Environmental Law. Nothing herein shaA create any obligation on Lender
<br />ipr an Environmental Cleanup.
<br />NON-UNIFORM GOVENANtS. 8arrower and lender further covenant and agree as follows:
<br />22. Accvleratlon; Remedies, lender ahaH ghro troika to Barrorrer prlar to ~ faltavMhrg Borrrrawr'a
<br />broach of any covenant nr agreement In ffik Security Inatntrnent (but not prior to accsleratlon unties Ssctkln 18
<br />unless Applicable Law provides athervrias). Thor natlae shah spscHy: (a) the default; (b) the action required is
<br />curs the default; (c) a date, not lesathan 3fl days f ram tlrw data rho natlea la given to Borrower, by which the default
<br />must he owed; and (d) that fstNue to cure the default c~rf or befogs Wa fiats spsWied In Ida not4es maY result. M
<br />acceleration of the sums secured by this Security Instrument and orals of the Property. The notice shall further
<br />1Morm Borrower of the right to relns~te after acceleration and Iles Nyftt to bring a court action fo assert the non-
<br />existence aT a default or any offier defense of Borrower to accaleratton and sale. If the default to not cuwd on
<br />or beforo the date speclfled In ties naUce, Lender et Its option may require lmmadlate payment In full of aN sums
<br />sacurod by this Security Inatrumerrt without further demand and may invoke the power of safe and any other
<br />romatles permitted by Applicable Law. Lender shall be errdtlad to collect alt expenses incurred in pursuing the
<br />remedies provided In this Section 22, Inaluding, but not limited to, reasonable attorneys' fees and coats of title
<br />evldence_
<br />H Iles power of sale Is Invoked, Trustee shah record a notice of default in each county k whkh any part of
<br />the Property is located and ahaN mail copies of ouch notice In uus mannw prescrtbsd by Applicable Law to
<br />Bors~onssr ar+d m iht- tillrsr psiaor>s prwaelb~sd fair Apple L+kar. Afitsr 11+e tints *rgmkvd !q' ~ ter.
<br />Trustee shah give public notice of gala to the persons and In the manner preacrlbed by AppNcwble Law. Trustee,
<br />without demand on Borrower, shall asN the Property at public au~ctlan to Iles higtwst Wddes at the tlpae and place
<br />and under ire terms dealgnated in file notice of sale to one a rrraro parcels and In any Drder Trustee determines.
<br />Trvatss nary postpone sofa ~ sil ar any patroel of the PrAp.rty by pubNc agnota~o.rrrsrtt at tiro lime and place of
<br />any prevbusly scheduled sale. Lender or Its designw may pwchase the Property at any sale.
<br />tJpan receipt of paynwnt of the price bid, Trustee shall delhrorto the purchaser Trustees adeed cameYing the
<br />property. The racttata. M the Tnartw'a dead shah be prMrs iacbe evldan~ce of ties ttu~ at tftt- strrtar»ents made
<br />therein. Trustee shall apply the praaeeda of the rite in the fallawir>Q order: (a) t+o aN costa amt expenses of
<br />exerclaMg the power rte sale, and tt>s gala, Mcluding Iles paYnwnt of fire Tnfatse's teas aotuaNy Inarrr+sd and
<br />reasonable attorneys' fees as pvrrnitted by Applicable law; (b) to all sums secured by this Security instrument;
<br />and (c) any excess to the person ar persons legally entitled to IL
<br />23. Recanveyance. Upon payment of all sums secured by this Secur'rly Instrument, Lender sha11 request trustee
<br />to re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. trustee shall recanvey the Property without warranty to the person or persons legally
<br />enfified to it. Such person or persons shall pay any recordation casts. Lender may charge such person or persons a
<br />fee for reconveying the Property, but only ti the tae is paid to a third party (such as the Trustee) far services rendered
<br />and the charging of the fee is permitted under Applicable Law,
<br />NEBRASKA-~ingleFemNy-fannlaMAWFrodRNaM~cUMFOflM WBTRUMENfTFam~81/M Tnit$,i-Isr~~~
<br />~ 1968-200'I dnline pocumants, Ina Page 8 of 9 NEEDEEp 0706
<br />03-09-2010 9r39
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