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201007539
<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 Lqan 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 ar the member of a class) that arises from the ather party's actipns 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 party hereto a reasonabte period after the giving of such notice to take
<br />corrective action, If Applicable Law provides a time period which must elapse before certain actian can be taken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cure
<br />given ta Sorrpwer pursuant to Sectian 22 and the notice of acceleration �;iven 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. Hazardaus 5ubstances. 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 salvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where tha Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any res�onse action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition' means a condition that can cause, cantribute to, or otherwise trig rer an Environmental Cleanup.
<br />Barrawer shall nat cause or permit the presence, use, disposal, storage, or release o�any Hazardous Substances, or
<br />threaten to release any Hazardous Substancas, on or in the Propert�. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Env�ronmental 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 valuc ofthe Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of smal I quantities of Hazardous Substances that are generally recognized to be ap�ropriate to narmal residential uses and to
<br />maintenance ofthe Property (including, but not limited to, hazardous substances in consumer products).
<br />Barrower shall promptly give i.ender written notice af (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 Barrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat ofrelease of any Ha�ardous Substance, and (c) any condition caused bythe
<br />presence, use or release ofa Hazardaus Substance which adversely affects the value ofthe Property. IfBorrower 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 Praperty is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on L.ender 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 Sorrower prior to acceleration following
<br />Borrowcr's 6reach of any covenant or �greement 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 curc the default; (c) a date, not less than 30 days frpm the date the notice is given to Sorrower, by which
<br />thc default must be cured; and (d) that failure to curc the default on or before the date speci�ed in the notice may
<br />result in acceleration of thc sums secured by this Security Instrument and sale of the Property. The notice shall
<br />further inform Barrower oFthe 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 speci�ed in the notice, Lender at its option may require immediate payment in full of all sums
<br />secured by this Security [nstrument withput further demand and may invoke the power af sale and any other
<br />remedies permitted by Applicable Law. Lendew 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 af 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 Borrawer
<br />and to the other persons prescribed by Applicable Law. After the time required by Applicablc Law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, w'rthout demand
<br />on Barrowcr, 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. Trustee may
<br />postpone sale ofall or any p�rcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or its designee may purch$se 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 uf thc 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 Trustec's fees actually incurred and reasonable
<br />attorneys' fees as permitted by Applicable Law; (b) ta all sums secured by this Security Instrument; and (c) any
<br />excess to the person or persons IegAlly entitled to it.
<br />23. Reconveyance. Upon payment ofall sums secured by this Security Instrument, Lender shall requestTrustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt securad 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 fec fpr reconveying the
<br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to tima remove Trustee and appoint a successor
<br />trustee ta any Trustee appointed hereunder by an instrument recarded in the county in which this Security Instrument is
<br />recorded. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred
<br />upon Trustee herein and by Applicable Law,
<br />2_5. Request for Notices. Borrower requests that copies ofthe notice ofdefault and sale be sentta Borrower's
<br />address which is the Property Address.
<br />NE131L4SKA�»Single Family--F�nnie Mae/Freddie Mac 11N1FORM INSTRUMENT (MERS)
<br />12439.CV (I/D8) 904314
<br />Form 3025 I/01 (page 7 of8 pages)
<br />Creative Thinking, Inc.
<br />GOTQ(00 I ZtC>G:3)
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