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<br />Loan Servicer, the address to which payments should 6e 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 lpan 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 L.ender may commence, join, or b� joined to any judicial action (as eitl�er an individual
<br />litigant or the member ofa dass) that arises from the other party's actions pursuant to this Securit� Instrumentorthatalleges
<br />that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
<br />Borrower or Lender has noti�ed 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 taka
<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 pazagraph. The notice of acceleration and opportunity to cure
<br />given to Bqrrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Sect�on 18 shall be
<br />deemed to satisfy the notice and apportunity to take corrective actian 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, polluta»ts, or wastes by Environmental Law and the follownig substa�ices: gasoline,
<br />kerosene, other flammable or toxic petroleum praducts, tox�c pesticides and herbicides, valatile salvents, materials
<br />containinp asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisd�ction where the Property is located that relate to health, safety ar enviranmental protectian; (c) "Environmental
<br />Cleanup" includes any res�onse action, remedial action, ar removal action, as defined in Environmental L,aw; and (d) an
<br />"Environmental Condition' means a conditian that cau� cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances, or
<br />threaten to ralcase any Hazardous 5ubstances, on or in the Property. Barrower shall not do, nar allnw anynne else to do,
<br />anything affecting the Property (a) that is in violation of a�ry Environmental Law, (b) which creates a�i Environmental
<br />Condition, or (c) which, due to the presence, use, ar release of a Hazardous Substa��ce, creates a condition that adversely
<br />affects the value ofthe Property, The preceding two sentences shall not apply to the presence, use, ar starage on the Praperty
<br />ofsmall quantities ofHazardaus Substances that are generally recognized to ba ap�ropriate to normal residential uses andto
<br />maintenance ofthe Properiy (including, but not limited to, hazardous substances tn consumer products).
<br />Borrower shall promptly give Lender written notice of(a) any invastigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involvmg tlie Properiy and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condttion, including but not limited to,
<br />any spilling, leaking, discharge, release or threat of release ofany Hazardous Su6stance, and (c) any condition caused bythe
<br />presence, use or release of a Hazardous Substance which adverscly affects the value ofthe Property. 1fBorrawer learns, or is
<br />noti6ed by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the property �s necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothmg hercin shall create any pbligation nn Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covanant 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 Acceleratian under
<br />Section 18 unless ApplicaUle Law provides otherwise). The notice shall specify: (a) the default; (b) the artton
<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 6y this Security Instrument and sale of the Property. The notice shall
<br />further int'orm 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 speci�ed in the notice, Lender at its option may repuire 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 Ap�licable Law. Lender shall be entitled to collect all expenses incprred in pursuing the
<br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs ot`title
<br />evidence.
<br />lf the power of sale is iovoked, 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 Lawto Borrower
<br />and to the other persons prescribed by Applicable Law. After the time required by Applicable L�w, Trustee shall
<br />give public notice of sale to the persons and m the manner prescribed by Applicable Law. Trustee, withoat 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 notiee of sale in one or more parcels and in any arder Trustee determines Trustee may
<br />postpone sale of all pr 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 sa1e.
<br />Upon receipt ofpayment o1'the price bid, Trustee shall dellver to the purchaser Trustee's deed conveying
<br />the Property. The recitals �n the Trustee's deed shall be prima facie evidence of the truth af the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all casts 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 serured by this Security Instrument; and (c) any
<br />excess to the person or persans legally entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security lnstrument, 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 Froperry withput 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 persans a fee for reconveying the
<br />Property, but only if the fee is paid to a third party (such as the Tnistee) for servicas rendered and the charging of the fee is
<br />permttted under Applicable Law.
<br />24. Substitute Trustee. i.,ender, at its option, may from time ta time rempve Trustee and apppint a successvr
<br />trustee to any Truste� appointed hereunder by an instrunient recorded iu thc 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 />2S. 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 />NESRASKA—Single Family—Fannle Mae/�'reddie Mac [iNIFORM INSTRUMENT (MERS) Fprm 3028 1/Ol (page 7 of8 pages)
<br />12439.CV (1/08) 03-1127 Creative'Chinking, lnc.
<br />(iOTp(00231 c4'7)
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