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<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There alsa might lae one or more changes of the Loan Servicer unrelated to a sale af the Note. If there is a change of
<br />the I.oan Sarvicer, Borrower will be given written notice of the change which will state the name and address of the new
<br />I.oan Servicer, the address ta which payrnents should be mada and any other information R�SPA requires in connection with
<br />a natice of transfer of servicing. If the Note is sold and thereafter the I.oan is serviced b� a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan seevicing obligations to Borrower will remam with the l,oan Servicer or be
<br />transFerred to a successor I,oan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neithar Borrower nor I,ender may commence, join, or be�joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Securit� 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 L,ender 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 ather �arty hereto a reasonable period after tha giving of such notice to take
<br />corrective action. If Applicable Law provides a t�me period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice of accaleration and opportumty to cure
<br />grven to Borrower pursuant to 5ection 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and oppartunity to take corrective action pravisions of this Sect�on 20.
<br />21. Hazardous Substances. As used in this Sectiqn 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental L.aw and the following substances: gasoline,
<br />kerosene, other flammable or toxic pett'aleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental C,aw" means federal laws and laws of
<br />the jurisdictian where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in �nvironmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of ar►y Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the PropertY. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in vialation of any Env�ronmental Law, (b) which creates an Environmental
<br />Candition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value ofthe Property. 7"he preceding two sentences shall not apply to the presence, use, or storage an the Property
<br />of small quantities of Hazardous 5ubstances that are generally recognized to b� ap�ropriate to normal residential uses and to
<br />maintenance of the Property (inc(uding, but not limited ta, hazardous substar►ces m cansumer products).
<br />Borrowar shall promptly give L.ender written notica of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatary agency or private pariy involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to,
<br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused bythe
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower learns, or is
<br />notified by any governmental ar regulatory authority, or any private party, that any removal ar other remediation of any
<br />Hazardous Substance affecting the Property �s necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with �nvironmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and L.ender further covenant and agree as fallows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrawer's breach of any cavenant or agreement in this Sacurity Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the actian
<br />required to cure the default; (c) a datc, 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 specitied in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br />further inform Borrower o1'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 Borrawer to acecleration and sale. If the default is not cared on or
<br />beforc the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br />secured by this Security Instrument without further demand and may invake the pawer af sale and any other
<br />remedies permitted by Applieable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
<br />remedies provided in this Section 22, including, but not limited t4, reasanable attarneys' fees and costs of 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 mai! copies of such notice in the manner preseribed by Applicable Law to Borrower
<br />and to the other persons prescribed by Applieable Law. After the timc required by Applicablc Law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, withaut demand
<br />on Borrower, shall sell the Property at publfc auction to the highest bidder at the timc 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 of all or any parcel of the Property by public announcement at the time and place af any previously
<br />scheduled sale. Lender ar its designee may purchase the Property at any sale.
<br />UPan 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 otthe 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 Trustee's tecs actually incurred and reasonable
<br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security instrument; and (c) any
<br />excess ta the person pr persans legally entitled to it.
<br />23. Reconveyance. Upan payment of al I sums secured by this Security Instrument, L.ender shall raquest 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 Property without warranty to the person or persons legally entitled to it.
<br />Such person or persons shal I pay any recordation costs. Lender may charge such person or persons a fee far recnnveying the
<br />Froperty, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is
<br />permitted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to 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 I.aw.
<br />25. Request for Notices. Bvrrower requests that copies of the notice of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac IINIFORM INSTRUMENT Form 3028 1/Ol (page 7 of 8 pages)
<br />9754.CV (3/09) 91169USB / 9902425019 Creativc Thinking, 1nc.
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