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; �a ;: �� �. �� . , � 2010U9559 <br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with <br />a notice of transfer of servicing. If the Note is sold and thareafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remam with the L.oan Servicer or be <br />transfarred to a successor Loan 5ervicer and are not assumed by thc Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrawer nor Lender may commence, join, or be joined to any judicial action (as either an individual <br />litigant ar 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 Tnstrument, until such <br />Borrower or I.,ender has notified the other party (with such natice given in campliance with the requ�raments of Section 15) <br />of suah alleged breach and afforded the other �arty hereto a reasonable period after tha giving of such notice ta take <br />corrective act�on. IfApplicable Law provides a time period which must elapse bafore certain action can be taken, that time <br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cure <br />g�ven to Barrower pursuant to Section 22 and the notice of acceleratian given to Borrower pursuant to Section 18 shall be <br />decmad to satisfy the notice and opportunity to take corrective action provis�ons ofthis 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, pollutants, or wastes b� �nvironmantal Law and the fallowing substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />cantainin� asbestos or formaldehyde, and radioactive mater�als; (b) "Environmental L,aw" means federal laws and laws of <br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response act�on, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />"Environmental Condition" means a cortdition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, dispasal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Propertx. 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) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, qr release of a Hazardous Substance, creates a condition that adversely <br />affects the value ofthe Property. The preceding two sentences sha(1 not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized ta be ap�ropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances �n consumer products). <br />Borrowcr shall promptly give Lendar written nptice of(a) anY investigation, claim, demand, lawsuit or other action <br />by any governmental or ragulatory agancy or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knawledge, (b) any Environmental Condition, includin� but nat limited to, <br />any spilling, leaking, discharge, release or threat afrelease ofany Hazardous Substance, and (c) any candrtion caused bythe <br />presance, use or release of a Hazardous Substance which adversely affects the value ofthe Property. IfBorrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Aroperty is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and I..ender further covenant and agree as fallaws: <br />22. Aeceleration; Remedies. Lender sh�ll give notice to Borrower prior to acccleration following <br />Borrower's breach of any covenant or agreement in this Seeurity Instrument (but nut prior to acceleration under <br />Seetion 1$ anless Applicable Law pravides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to care the default; (c) a date, not less than 30 days from the date thc notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the de1'ault on or before the datc specified in the notice may <br />result in acceleration af the sums secured by this Seeurity Instrument and sale of the Property. The notice shall <br />further infarm Borrower of the right to reinstate after acceleration and the right to bring a court actian to assert the <br />non-existence of a default or �ny other defense of Borrower ta acceleration and sale. If the default is not cured on or <br />before the date speci5ed in the notice, Lender at its option may require immediate p$yment in full of all sums <br />secured by this Security Instrument without further demand and may invake the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect ail expenses incurred in pursuing the <br />remedies provided in this Section 22, including, but not limited to, reasonable attarneys' fees and casts of title <br />evidence. <br />If the pawer of sale is invoked, Trustee shall record a notice of default in each caunty in which any part o� <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law ta Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand <br />on Borruwer, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice af sale in one or more parcels and in any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of thc 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 sale. <br />l! pan receipt ofp ayment of the price b�d, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Praperty. The recitals m the Trustee's deed shall bc prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses ofexercising <br />the power of sale, and the sale, mcluding the payment of' the Trustee's fees actually incurred and reasonable <br />attarneys' Tees as permitted by Applicable �.,aw; (b) to all sums secured by this Security Instrument; and (c) any <br />excess ta the person or persans legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrunnent, Lender shall request Trustee ta <br />re-convey the Praperty and shall surrender this Security Instrumant 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 antitled to ►t. <br />Such person or persons shal l pay any recordatian costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only ifthe 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 appaint a successor <br />trustee to any Trustee appointed hereunder by art instrument recarded in the county in which this Security Instrument is <br />recorded. Withaut 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 />25. Request for Notices. Borrower requests that copias of the notice of default and sale be sent to Borrower's <br />address which is the Property Address. <br />NEBRASKA--Single Famiiy--Fannie Mae/Freddie Mac [1NIFORM INSTRUM�NT <br />12A39.CV (1/0&) 91172FA <br />(MERS) Form 3028 1/Ol (page 7 af 8 pagesJ <br />Creative ThinWng, Inc. <br />GOTO(OOOae841) <br />