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2010Q7985
<br />will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA
<br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
<br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower wil I remain with the Loan Servicer or be transferred to
<br />a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, ,join, or be joined to any judicial action (as either an individual litigant or the
<br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has
<br />breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other
<br />party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the oCher party hereto
<br />a reasonable period after the giving of such notice to take corrective action. If Applicable I,aw provides a timE period which must elapse
<br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
<br />Section 18 shall be 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 deFned as toxic or
<br />hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or
<br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials; (b) "Environmental Law" means federal laws and laws ofthe jurisdiction where the Praperty is located that relate to health, safety
<br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental i.aw; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or atherwise trigger an
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release af any Hazardous Substances, or threaten to
<br />release any Hazardous Substances, on or in the Property. Barrower shall not do, nor allow anyone else to do, anything affecting the Property
<br />(a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or
<br />release af a Hazardous Substance, creates a condition that adversely affects the value of the Praperty. The preceding two sentences shall not
<br />apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer
<br />prpducts).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other actian by any
<br />governmental or regulatory agency or private party involving the Praperty and any Hazardous Substance or Environmental Law of which
<br />Borrower has actual knowledge, (b) any Environmental Condition, including but nat limited to, any spilling, leaking, discharge, release or
<br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Borrower learns, or is notified by any gavernmental or regulatory authority, or any private
<br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
<br />all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />�nvirpnmental Cleanup.
<br />NON-UNIPORM COVENANTS. Borrawer and Lender further cavenant and agree as follows:
<br />22. Accelcration; Remedies. Lender shall give notice to Borrawer prior to acceleration following Borrower's breach of any
<br />covenant or agreement in this Security Instrument (but not prior to acceleration under Section l8 unless Applicable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from
<br />the date the notice is given to Borrower, by which the def$ult must be cured; and (d) that failure to cure the default on or before the
<br />date speci�ed in the nptice may result in acceleration of the sums secured by this Security Tnstrument and sale of the Property. The
<br />notice shall further inform Borrower of the ri�ht to reinstate after acceleration and the right to bring a court action to assert the
<br />non-existenee of a default or any other defense of Borrawer to acceleration and sale. If thc default is not cured on or before the date
<br />specit�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invake the power of sale and any other remedies permitted by Applicable Law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided iu this Section 22, including, but not limited to,
<br />reasanable attorneys' fees $nd costs of title evidence.
<br />Tf the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is
<br />located and shall mail copies of such notice in the manner prescribed by Applicable L�w to Sorrower and to thc other persons
<br />prescribed by Applicable Law. After the time required by Applicablc Law, Trustee shall give public notice of sale to the persons
<br />and in the manner prescriloed by Applicable Law. Trustee, without demand an Borrower, shall sell the Property at public auction to
<br />the highest bidder at the time and place and under the terms designated in the natice of sale in one or more parcels and in any order
<br />Trustee determines. Trustee may postpone sale of all or any parcel af the Property by public announcement at the time and place of
<br />any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upan receipt of p�yment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The
<br />recitals in the Trustee's deed shall be prima facie evidence of the truth ot'the st$tements made therein. Trustee shall apply the
<br />proceeds of the sale in thc following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the
<br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applica6le Law; (b) to all sums
<br />secured by this Security Instrument; and (c) any excess to the persan or persans legally entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee co re-convey the
<br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee
<br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation
<br />costs. T.ender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third pariy (such as the
<br />Trustee) for services rendered and the charging of the fee is permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its optian, may �rom time to time remove Trustee and appoint a successor trustee to any Trustee
<br />appointed hereunder by an instrument xecorded in the county in which this Security Instrument is recorded. Without conveyance of the
<br />Property, the successor trust�e shall succeed to all the title, power and duties conferred 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 address which is the
<br />Property Address.
<br />NEBRASKA -Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMEN7 with MERS
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<br />Borrower(s) Initials
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