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<br />; T oan Servicer, the address to which payments should be made and any othct� information RESPArequ�ires in ccnmeciaan with
<br />a notice of transfer of servicing. If the Note is sold and thereafter the Loan is scrviced b�+ a T.oan Servicer nther than the
<br />purchaser of the Note, thes mortgage loan servicing obligaiions to Borrower will rematn with tho I.oan 5ervicer ar be
<br />transferred to a successor Loan Servicer and are not assumed bythe Note purchaser unless otherwrse provided by the Note
<br />purchaser.
<br />, Neither Borrower nar T.ender rnay commence, join, or be�joined to an,y judicial action (as either an individual
<br />litigant or the member of a class) that arises from the othec �arty's acbons pursuant to this Securit�+Znstrument ar that alleges
<br />that the other party has breached any provision o� or any duty owed by reason o� this Secunty Tnstrument, until such
<br />Borrowez or Lender has notified the other party (with such notice givcn in cc�mpliax►ce with the requirements of Section 15)
<br />of such alleged breach and afforded the other �ariy hereto a reasonable period after the giving of such notice ta take
<br />corrective achon. IfApplicable Law provides a 4me period which rnust elapse before certain action can be takec►, that time
<br />period v�rill be deemed to be reasonable for purposes of this paragraph. The notice af acceleration and opportunity to cure
<br />g�ven to Borrower pursuant to Section 22 and the notico of acceleration given to Borrowcr pwrsuant to Sect�on 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Sectaon 20.
<br />21. Hazardous Subst$nces. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />de5ned as toxic or hazaxdous substances, pollutants, or wastes b�+Environmenffi1 I aw and the follavving substances: gasaline,
<br />kerosene, other flarnmable or to7cic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containin,� asbestos or formaldehyde, and radioaclave materials; (b) "�nvironmental Law" nneans federal laws and laws of
<br />the jurisdiction whez�e the Property.is located that relate to health, safcty px environxnental protection; (c) "Bnvironmental
<br />Cleanup" includes any rts�anse achon, remedial action, or removal actian, as defined in Environrnental.Law; and (d) an
<br />"Environmental Condition' means a condition that can causc, contribute to, ar oth�rrwise tri er an Environrnental Cleanup.
<br />wi
<br />Borrower shall not cause prpermit the presence use, disposal, storage, or relcase o anyHazardous Substances, rnr
<br />threaten to release any Hazardous Substances, on or in t�e 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) wh�ch creates an Environrnental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Propeity. The preceding twa sentences shall no�ply tn the prestnee, use, or storage on the Properiy
<br />of small quantities ofHazaxdous Substances that are generallyrecogn' to be appropriatc to normal resider�tial uses and to
<br />maintenance of the �roperty (ineluding, but not limited to hazardous substances in consumer products).
<br />Borrower sha11 promptly give Lender written, nohce of (a) an�+investigation, clairn, demand, lawsuit or other action�
<br />by any governmental or regulatory agcz�cy or private party involvmg tho Properiy and any Hazardous Substance or
<br />Environtnental Law of whiGh �orrower has actual knowledge, (b any �nvironrnental Condition, includix� butnot limited to,
<br />anyspilling, lesldng, discharge, releasa or threat ofrelease ofany rdous Substance, and (c) any cnndition causedbythe
<br />presence, use or release of a Hazardous Substance which adversely affects the value ofthe Properiy. IfBorrower leams, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediatian of any
<br />Hazardous Substance affecting the Properiy �s necessary, Borrower shall promptty take all necessary rernedial actions in
<br />accordance with Environmental Law. Nothing herein shall create an abligation on Lender for an EnvAronrnental Cleanup.
<br />N�N-UNTFORM COVENANTS. Bo�trpwer and Lender further covenant and agree as follaws:
<br />22. Acceler�tion; Remedfes. Lender shall give notice to Sorrower prior to acceleration following
<br />Borrower's breach of suy covenant or a reement in this Security Xp�truraent (but not prior to acceleration under
<br />Section l.8 unless Applicable Law prov�des otherwise). The notice s�all specify: (a) the default; (b) the action
<br />required to cure the default; (c a date, not less thaq 30 days from the date the notiee is giveu to Borrower, by which
<br />the default must be cured; an (d) that failure to cure the default ou or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Lastrument and sale of the Property. The notice shall
<br />further intorm Borrower otthe rlght to reinstate after acceleration and the r-ight to bring a conrt action to assertthe
<br />non-existence af a default or any other defense of Borrovver to acceleration and sale. If the default is not cured on or
<br />before the date specified in the notice, Lender �t [ts option may require immediate payr�aent in full of all sutns
<br />secured by this $ecurIty Instrument vv�thout fltrther demaad and may involce the power of sale and any other
<br />remedies permitted by Applicable L�w. I.ender shall be entitled to callect all expenses incurred fn pursuing the
<br />remedies provided fn this Section 22, including, but not 6mited to, ressonable attorpeys' fees and costs of title
<br />evidence.
<br />If the power of sale is invuked, Trustee shall record � potice of default in eacb� county in which any part of
<br />the Praperty is located and shall mail copies of such notice in the rnanner prescribed by Appllcable Lawto Borrower
<br />aad to tbe other persons prescnib�d by Applicable Law. After the time required by Applicable Law, Trustee shall
<br />give public notice of sale to trie persoa� and in the maaaer prescribed by Applicable Law. T�ustee, without demand
<br />on Borrower, shsll sell the Property at public auctio�n to the highest bldder at the time a�nd place and under the
<br />terms designated in the natice 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 xnnouncement at the time and place of any prevtously
<br />scheduled sale. Lender ar its designee may purc&ase the Property at any sale.
<br />Upon receipt ofpaynnent of the price bid, Trustee shall de�iver to the purchaser Trustee's deed conveying
<br />the Property. The recitals In the Trustee's deed shall be prfma facie evidence of the truth of the st�tements rnade
<br />therein. Trustee shnll appIy the proceeds o�the sale in the followtng order: �a) to all costs and expenses of exercising
<br />the power of aale, and the sale, includin� the payment of the 'IYastee's ees actually lncnrred and reasonable
<br />attorneys' fees as perm�tted by Applfcable Law; (b) to all �ums secured by this Security Instrument; and (c) any
<br />excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment ofall sums secured by this SecurityTnstrume►i� Lender shall requestTrustee to
<br />ro-convey the Property and shall surrender this Security Instru�ment and a11 notes evidencin� debt secured by this Security
<br />Znstrument to Trustee. Trustec shall reconvey the Property without warranty to the person or parsons legally entitled to it.
<br />Such person ar persons shall pay anyrecordation costs. Ler►der may eharge such pe�rson ar persons a fee �rreconveyin the
<br />Properiy, but only if the fee is pard to a third party (such �s the Trustee) far services rendered and the charging of the �� is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. I,ender, at its option, may from time to tirne remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recarded in the county in which this Secunty Instrument is
<br />recorded, Withaut conv nco of the Property, thc successor trustee shall succeed to all the title, power and duties conf�red
<br />upon Trustee hercin and� Applicable Law.
<br />25. Request for Notice�. Borrower rcquests that copies of tha notice of def�ult and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBItAST{A--Single Family—Fannis Mae/Freddie Mnc UNIFORM T1V5"�'RUMENT (MERS� Form 3028 1/01 (page 7 of 8 pages)
<br />12439.CV (1/08) ' �OOpb8S8 Creative Thinldng, Tnc.
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