|
2oioo45~5
<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 i,oan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations tv Borrower will remain with the Loan Servicer or he
<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 bender may commence, join, yr 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 />chat 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 incompliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period aRer 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 he deemed to be reasonable for purposes of this paragraph. The notice of acceleration and vppvtluttily tv 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 fallowing substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, tvxlc pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (h) "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 .linviroumentalC1eanup.
<br />Borrower shat l not cause or permit the presence, use, disposal, storage, or release of atty I lazatdous Substaitccs, yr
<br />threaten to release any l azardvus Substances, on or in the Property. Borrower shall not da, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Envlronmental I,aw, (b) which creates an l~:nviranmental
<br />Condition, or (c) which, due to the presence, use, or release of a llazardvus Substance, creates a condition that adversely
<br />affects the value afihe Property. 'The preceding two sentences shall not ap. ply to the presence, use, or storage on the Property
<br />of small quantities of hazardous Substances that are generally recognized to be ap~rvpriate to narntal residential uses and to
<br />maintenance ofthe Property (including, but not limited to, hazardous substances m consumer products).
<br />Borrower shall promptly give Lender written notice of (a) and 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 ofrelease ofany 1-lazardous Substance, and (c) any condition caused bythe
<br />presence, use or release ofa hazardous Substance which adversely affects the value ofthe Property. IfBvirawer lcarris, or is
<br />notified by any goventmental or regulatory authority, or any private party, that any removal or other remediation ofany
<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 any 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 ofany covenant or agreement in this Security lnstrument (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 firing a court action to assert the
<br />uou-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 iu 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 ofsale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand
<br />on Borrower, shall sell the Property at public auction tp 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. Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place ofany previously
<br />scheduled sale. Lender or its designee may purchase the Prpperty 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 ofthe sale in the following order: (a) to all costs and expenses ofexercising
<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 Securlty lnstrument; and (c) any
<br />excess to the pperson or persons legally entitled to it.
<br />23. lZecOnveyance. iJpon payment of al I sums secured by this Security Instnument, Lender shall rcquest'I'rustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument tv 'Trustee. Trustee shall recvnvey the Property without warranty to the person or persons legally entitled tv it.
<br />Such person or persons shall pay any recordation casts. 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 front time to time rentvve 'Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instniment is
<br />recorded. W ithout conveyyance ofthe 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 he sent to Borrower's
<br />address which is the Property Address.
<br />NEBRASKA-Single Family-Fannie Mae/Freddic Mar UNIFbRM INSTRUMENT (MFRS) Form 3028 t/Ul (page 7 nf8pages)
<br />12439.CV (11/07) 6898RR5o4o Creative Thinking, Inc.
<br />GOTO(0027562h)
<br />
|