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2011QO�i7 <br />L.oan 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 thereafter the L,oan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the L�an Servicer ar be <br />transferred to a 5uccessor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrawer nor Lender may comrnence, 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 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 I.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 other pariy hereto a reasonable period after the �iving of such notice to takc <br />corrective action. If Applicable Law provides a Cime period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure <br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be <br />deemed to satisfy the notice and apportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this S�ction 21: (a) "Hazardous Substances" are those substances <br />defined as taxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <br />kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile salventti, materials <br />containin� asbestos or farmaldehyde, and radioacCive 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 Environmental L.aw; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trig �er an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release o�any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Propert�. Borrower shall not da, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to fhe presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uties and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give I.ender written notice of (a) any investigation, ciaim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental L.aw of which Bor► has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />anyspilling, leaking, discharge, release or threat of release ofanyHazardous Substance, and (c) any condition caused bythe <br />presence, use or release of a Hazardous Substance which adversely ai�ects the value of the Property. 1fBorrower leams, or is <br />notified by any governmental or regulatory authority, or any private parly, that any removal or other r�mediation of any <br />�-Iazardous Substance af�ecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environrnental Law. Nothing herein shall create any obligation on Lender fbr an Environmental Cleanup. <br />NON-LTNIFORM 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 covcnant or agreement in this Security Cnstrument (but npt priqr to acceleration under <br />Sectian 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (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 failure ta cure the default on or before the date speciFed 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 of the ri�ht 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 Sorrower to acceleration and sale. lf the default is not cured on or <br />before the date specifed in the notice, Lender at its option may require immedfate payment in full of all sums <br />secured by this Security Instrument without further demand and may 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 provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />Tf the power af sale is invaked, Trustee shall record a notice af default in each county in which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower <br />and to the other persons prescribed by Applicable Law. After the time reyuired 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 Borrower, shall sell the Property at public auction ta the highest bidder �t the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. 1 rustee may <br />postpone sale of all or any parcel of the 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 />Upon 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 />thcrein. "I'rustec shall apply the proceeds of the sale in the fallowin� arder: (a) to all costs and expenses of exercising <br />the power of sale, and the sale, including the payment of the Trustec's fees actually incurred and reasonable <br />attorneys' fees as permitted by Applicable I�aw; (b) to all sums secnred 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 sums secured by this Security Inshument, Lender shall request 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 Properiy without warranty to the person or persons legally entitled to it. <br />Such person or persons shal l pay any recordation costs, Lender may charge such person or persons a fee fnr rcconveying the <br />Property, but only if the fee is paid to a third paRy (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicab]e I.aw. <br />24. Substitute Trustee. I,ender, at its option, may from time to time remove Trustee and appoint a successor <br />trust�e to any Trustee appointed hereunder by an instrument recorded in the county in which this Securiry InsCrument is <br />recorded. Without 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 />25. Request for Notices. Borrower requests that copie5 of the nptice of default and sale be sent to Borrower's <br />address which is Che Property Address. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UN1FOIiM INSTRUMENT <br />I2439.CV (I/08) 904606 <br />(MERS) N'orm3028 rior ���,�� �ofs�� <br />Creative Tl�inking, Inc. <br />GOTO(001462R1) <br />` <br />� <br />