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Y � <br />2oioo9sii <br />L.oan Servicer, the address to which payments should be made and any other information RESPA requires in connection with <br />a notice oftransfer of servicing. If the Note is sold and thercaftar tha Loan is serviced by a L.oan Servicer other than the <br />purchaser of the Note, the mortgage laan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred ta a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purohaser. <br />Neither Borrower nor Lender may commence, join, or be joinecl to any judicial action (as either an individual <br />litigant or the mernber of a class) that arises from the other party's act�ons pursuant to this Security Instrument or that alieges <br />that the other party has breached any provision of, or any duty owed by reasan of, this Security Instrument, until such <br />$orrower pr L.ender has notified the other party (with such notice given in compliance with the requirements of Section I S) <br />of such alleged breach and afforded the other �arty hereto a reasanable penod after the giving of such notice to take <br />corrective act�on. If Applicable L,aw provides a ume period which must elapse befare certain action can be taken, that time <br />period will be deemed to be reasonable for purposes af this paragraph. The notice of acceleration and opportunity to cure <br />grven to Borrower pursuant to Section 22 and the notice of acceleratian given to Borrower pwsuant to Section 1 S shall be <br />deemed to satisfy thc notice and opportunity to take corrective action provisions of this 5ectton 20. <br />21. Hazardous Substances. As used in this 5ection 21: (a) "Hazardaus Substances" are thase substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environrnental Law and the follawing substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />cnntaininp asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" 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 action, remedial action, or removal action, as defined in Environmer�tal Law; and (d) an <br />"Environmental Condition"means a conditionthat can cause, cantribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, stprage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous 5ubstances, on or in the Properry. Borrower shall not do, nor allow anyone else to do, <br />anything af�ecting the Property (a) that is in violation of any �nvironmental Law, (b) which creates an �nvironmental <br />Condition, or (c) which, due to the presence, use, ar release of a Hazardous Substance, creates a condition that adverscly <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storagc on the Properry <br />ofsmall quantities ofHazardous Substances that are generallyrecognized to be ap�ropriate to normal residen�al uses and to <br />maintenance of the Property (including, l�ut not lirnitad to, hazardous substances m consumer products). <br />Borrower shall promptly give Lender written noticc of(a) any investigation, claim, demand, lawsuit or other action <br />by any gnvernmental or regulatory agency or private party involvmg the Properiy 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 oc threat of release of any Hazardous 5ubstance, and (c) any condition caused by the <br />presence, use or release of a Hazardaus 5ubstance which adversely af�ects the value of the Property. IfI3orrower learns, or is <br />notified by any governmantal or regulatory authority, or any private party, that any removal or other remediation af any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any abligation on Lender far an Env�ronmental Cleanup. <br />NON-UNTFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration undcr <br />Section 18 unless Applicable Law provides otherwise). The nohce shall specify: (a) the default; (b) the action <br />required ta cure the defanit; (c) a date, 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 failare to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrnment and sale of the Property. The notice shalt <br />further inform Borrower of the right to reinstate after acceleration and the right to briang a court action to assert the <br />non-existence of a defaalt or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date speci�ed 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 m�y invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies prvvided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the pawer of sale is invoked, Trustee shall recard a notice of defanit in each coanty in which any part of <br />the Property is located and shall mail copies of sach notice in the manuer prescribetl by Applicable Law to Borrower <br />and to the other persans prescribed by Applicable Law. After the time reqaired by Applicable Law, Trustee shall <br />give pnblic notice of sale to the persons and in the manner prescribed by Applicable �.avv. Trustee, without demand <br />on Borrower, shall sell the Property at pnblic auction to the highest bidder at the time and place and undcr the <br />terms designated in the notice of sale in one or rriore parcels and in any arder Trastee determines. Trustee may <br />postpone sale of all or any parcel of the Praperty by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may parchase the Property at any sale. <br />Upon receipt af payment at'the price bid, Trnstee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitaMs in the Trustee's deed shall be prima facie evidence of the trath of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the folluwing order: (a) to all costs and expenses of exercising <br />the power of sale, and the sale, including the payment of the Trustee's fees actnally incurred and reasonable <br />attorneys' fees as permitted by Applicable Law; (b) to all suams secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all surns secured by this Security Instrument, I.ender shall request Trustee to <br />re-convey the Property and shall surrender this Security Tnstrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the I'roperty without warranty to the person or persons legally �ntitled to it. <br />5uch person or persons shall pay any recordation costs. L.ender may charge such person or persons a fee for reconveying tha <br />Property, but only if the fee is paid to a third pariy (such as the Trustee) for services rendered and the charging of the fee is <br />pernutted under Applicable I.aw. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successnr <br />trustee to any Trustee appointed hereunder by an instrument rccorded in the county in which this Security Instrument is <br />recorded. Without conveyance ofthe Property, the successor trustee shall succeed to all tha tide, power and duties confenred <br />upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice ofdefault and sale be sent to Borrower's <br />address which is tha Property Address. <br />NEBRASKA--Single Faznily—Fannie Mae/Freddie Mac LTNIFpRM INSTRUMEN'C <br />12A39.CV (1/08) 904043 <br />(1V1ERS) Form 3028 U01 (page 7 af 8 pages) <br />Creative Thinking, Inc. <br />G Tq(D0142529) <br />� <br />