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<br />20i008052
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<br />information RESPA requires in connection with a notice oftransfer of servicing. If #he Note is sold and thereafterthe Laan
<br />is serviced by a Loan 5ervicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower
<br />will remain with the Loan Servicer ar be transferred to a successor Loan Servicer and are nat assumed by the Note
<br />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 individua) litigant
<br />or the member of a classj that arises from the other party's actions pursuant to this Security Instrument or that alleges
<br />that the ather party has breached any provision af, ar any duty awed by reason of, this Security Instrument, until such
<br />Borrower ar l.ender has natified the other party (with such notice given in compliance with the requirements of Section
<br />15) af such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to
<br />take corrective action. If Applicable Law provides a time perind which must elapse before certain action can be taken,
<br />that time period will be deemed to be reasonable far purposes of this paragraph. The notice of acceleration and
<br />apportunity ta cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
<br />to Section 18 shall be deemed to satisfy #he notice and opportunity to take corrective action provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Wazardous Substances" are those substances defined
<br />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 solvents, materials
<br />containirtg asbestos orformaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdictian where the Property is located that relate t� health, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial action, or remQVal action, as defined in Environmental
<br />Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />Borrawer shall not cause or permit the presence, use, disposal, storage, or release af any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Praperty. Borrower shall not do, nor allow anyone else
<br />ta dv, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creat�s an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardaus Substance, creates a condition that
<br />adversely affects the value of the Praperty. The preceding twa sentences shall not apply to the presence, use, or storage
<br />on the Praperty of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenance of the Praperty (including, but not limited to, hazardaus substances in consumer
<br />products).
<br />Borrower shall promptly give L.ender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatary agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law ofwhich Barrower has actual knowledge, (b) any Environmental Condition, including but nat limited
<br />to, any spilling, leaking, discharge, release or threat af 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 Properry.
<br />If Borrower learns, or is notified by any governmental or regulatory autharity, ar any private parry, that any removal or
<br />other remediation of any Hazardous Substance affecting the Properry is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordancewith Environmental Law. Nathing herein shall create any abligation on Lender
<br />for an �nvironmental Cleanup.
<br />NON-UNIF�RM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleratlon; Remedies. Lender shall glve natice to Borrower prlor to acceleratlan following Borrower's
<br />breach of any covenant or agreQment in thls 5ecurlty Instrument (but nat prior to acceleratlon under Sectlan 18
<br />unless Appllcable Law provides dtharwlse). The notice shall specify: (a) tha default; (b) the actlon required to
<br />cure the default; (c) a date, not less than 30 daysfrom the date the notice Is glven to Borrower, hywhlch the default
<br />must be cured; and (d) that fallurs to cure the default on or before the date specified in the notice may result In
<br />acceleration of the sums secured by this Security Instrument and sale of tho Property. Tha natice shall further
<br />Inform Barraw�r of the right #o relnstate after acceleration and tho right to bring a caurt actlan to assert the non-
<br />existence of a default or any other dafonse of Borrowar to acceleratlan and sale. If tha dQfault is not cured an
<br />or before the date speclfiad in the notice, Lender at Its optlon may require Immediate payment In full of all sums
<br />secured by thls Security Instrument without further demand and may tnvoke the pawer of sale and any ather
<br />remedles permitted by Applicable Law. Lender shall be entitled ta collect all expenses Incurred in pursuing the
<br />remedies provlded In this Section 22, Including, but not Ilmltad to, reasonable attorneys' fees and costs af tltle
<br />evidence.
<br />If the pawer of sale is Inv�ked, TrustQe shall record a natico of default In each county in whlch any part of
<br />the Property is located and shall mail coples af such notice in the manner prescribed by Applioable Law to
<br />Borrower and ta the other persons prescrlbod by Applicable Law. AftQr the time requlred by Applicable Law,
<br />Trustee shall glve public notice of sale to the persons and in the manner prescribed by Appllcable Law. Trustee,
<br />wlthout damand on Borrower, shall sell the Property at publlc auction to the hlghest bldder at the time and place
<br />and under the terms deslgnated In the notice of sala In ono or more parcals and In any order Trustee detarmines.
<br />Trustee may pastpone sale of all or any parcel of the Property by publlc announcement at the tlme and placa of
<br />any previously schedulpd sale. Lend�r ar Its deslgnaa may purchase the Property at any sale.
<br />Upan receipt of payment of the prlca bid, 7rustee shall dellver to th� purchaser Trustoe's deed conveying the
<br />Property. The recitals In the Trustee's deed shall be prlma facie evldenca af the truth of the statemen#s made
<br />thereln. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses of
<br />exerclsing the power �f salQ, and the sale, including the payment of the Trustse's fees actually Incurrad and
<br />roasonable attorneys' feos as permitted by Appllcable L,aw; (b) to all sums secured by this Securtty InstrumQnt;
<br />and (c) any excess to the parson or persons legally entltled to it.
<br />23. Reconvayance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />to re-canvey the Properry and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally
<br />entitled to it. Such person or persons shall pay any recardation costs. Lender may charge such person or persons a
<br />fee for reconveying the Property, but only if the fee 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--Single Family--Fannlo Mao/Froddlo Mac UNIFQRM INSTRUMENT Form 30281/01 Initials s /�f�
<br />� 1999-2007 Onllne Documents, Inc. Pac�a 8 Of 9 NEEDEE 07
<br />10-27-201Q 11:50
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