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24i1Q0249
<br />instrument and performs other mortgage loan servicing obligations under the Note, this Security lnstrument, and Applicable
<br />Law. There also mi�t be one or more changes of the i.oan Servicer unrelated to a sale of the Note. If there is a change of
<br />the Loan Servicer, Borrower wiU be given written notice of the change which will staie the name and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RESPA reyuires in connection with
<br />a noiice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced hy a Loan 5ervicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remam with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Sorrower 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 Security Instrumecrt orthat alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, ttus Security Instrument, until such
<br />Sorrower or Lender has notified the other party (with such notice given in compliance with the requ�rements of $ection 15)
<br />of such alleged breach and afForded the other party hereto a reasonable perivd afterthe giving of such notice to take
<br />corrective action. IfAppiicabie Law provides a time pariod which must elapse before certain action can be taken, that time
<br />period will be deemed tn be reasonable for purposes of t}tis paragraph. 'the notice of acceleration and opportunity to care
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed.tn satisfy the notice and opportunity ta take corrective action prov�s�ons of this Section 20.
<br />2,1. Hazardous SubstAnces. As used in this Section 21: (a) "Hazardous Substances" are those su6stances
<br />detined as toxic vr 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 solvenu, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the junsdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes anp response act�on, remedial action, or removal act�on, as defined in Environmental I,aw; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enduonmental Cleanup.
<br />Borrower shall not caase or permit the presence, use, disposal, storage, nr release of any Hazardous Substances, c�r
<br />threaten to release any Hazardous Su6stances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything ailecting the Property (a) that is in violation of any 8nv�ronmental Law, (b) which creates an Snv�ronmental
<br />Condition, or ( c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />af�'ects the value of the Prnperty. The preceding two sentences shall not apply to the presence, use, or storage nn the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residemial uses and to
<br />maintenance of�the Property (including, but not limited to, hazardous substances m consumer products).
<br />Aorrawer shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or �rivate party involving the Property and any Hazardous Substance or
<br />�nvironmental Law of which Borrower has actua knowledge, (b) any Environmental Condrtivn, including but not lunited to,
<br />any spilling, leaking, dischargc, release vr threat of release of any Hazazdous Substance, and (c) any condition caused bythe
<br />presence, use or release of a Hazardous Substance which udversely affects the value ofthe Properry. ifBorrower leams, or �s
<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 Propen,y is necessary, Borrnwer shall promplly taka all necessary remedial actions in
<br />accordance with Environmental L,aw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NGN-UNIFORM COVENANTS. Borrower and L.Qnder further covenant and agree as follows:
<br />Z2. Acceleration; Remedies. I.ender shall give nutice to Borrower prior to acceleratiun following
<br />Borrower's breach of euy covenant or agreement in this Security Instrument (but not prior tu acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required tn cure the default; (c) a date, not less than 30 days from the date the notice is given tu Borrower, b,y which
<br />the deFault must be cured; and (d) that failure to cure the default on or before the date speci�ed in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Prnperty. The notice shall
<br />further inform Burrower of the ri�ht to reinstate a8er acceleration and the right to hring a court actiou to assert the
<br />non-existence of a default or any other defeuse of Borrower to acceleration and sale. lf the default is not cured on or
<br />hefore the date specified in the notice, l,ender at its option ma,y require immediate paymeut in Full of all sums
<br />secured by this Security Instrument without further demand and may iuvake the power of sale And any other
<br />remedies pern�itted by Applicable Law. Lender shall be entitled tu collect all expenses incarred in pursuing the
<br />remedies pravided in this Section 22, including, but not limited tv, reasunable attowneys' fees and costs of title
<br />evidence.
<br />If the power of sxle is invoked, Trustec shall recurd a notice of default in each county in which any part oi
<br />the Property ic located and shall mail copies of such notice in the mxnner prescribed by Applicable Lawtu Borrower
<br />and to the other persuns prescribed by Applicable Law. After the time reqaired by Applicable Law,'I'rustee shall
<br />give pu6lic nvtice of sale to the persons and in the manner prescribed by AppGcable Law. '1'rustee, wlthout demand
<br />on Borrower, shall sell the Propert,y at public auction ta the highest bidder at the time and place nnd under the
<br />terms designated in the notice of sale in one or mure parcels and in any order Trustee determines. Trustee may
<br />pnstpone sale of all or any parcel of the Property by public announcement at t6e time and place of any previously
<br />qcheduled sale. Lender or iGs designae may purchase the Property at any sale.
<br />Upon receipt nf payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveyiug
<br />the Property. Thc recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements mede
<br />therein. Trustee shall apply the proceeds of the sale in the follnwing order: (a) to all costs and espenses ofeacereising
<br />the power oi sale, and the sale, including the payment of the Trustee's fees actually incurred aud reasunable
<br />attorncys' fees as permitted by Applicabla Law; (b) tu all sums secured by this Security Instrument; and (c) any
<br />exceas to the person or persons legalty entitled to it
<br />23. Reconveyancc. Upon payment of all sums secured by this Security Instrumecrt, Lender shall request Trustee to
<br />re-convey the Property and shall surrender this Securily Instrument and atl nntes evidenemg debt secured by this Secunty
<br />Instrument to Trustee. Trustee shall reconvey the Property without wa�ranty to the person or persons legally entitled to it.
<br />Such person or persons shall pay any recordation costs. I..eqder may charge such person or persons a fee for reconveying ihe
<br />Propeirty, but anly if the fee is paid to a third party (such as the Trustee ) for services rendered and the chazging of the fee is
<br />permitted under Applicable I,aw.
<br />24. Su6stitute Trustee. Lender, at its option, may from time to tirne remove Trustae and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Secunry ]nstrument is
<br />recorded. W ithnut conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred
<br />upon Trustee herein and by Applicable Law.
<br />2S, Request for Notices. Borrower requests that copies of the notioe of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBRA5I{A—Single Family—Fennie Mae/Freddie Mac [iNIFORM INSTRUMENT Form 30Z8 1l01 (pnRe 7 q�8 pnges)
<br />97,54.CV (3/09) 004-30k-2G2 Creative Thioking, 1nC.
<br />GOTO(ODIOc21�
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