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201100283
<br />LoAN #: 0279075279
<br />information RESPA requires in cpnnection with a natice oftransfer ofservicing. Ifthe Note is sold and thereafterthe Loan
<br />is serviced by a Loan 5ervicer pther than the purchaser of the Note, the mortgage loan servicing abligatipns to Borrower
<br />will remain with the Loan Servicer or be transferred to a successor Laan Servicer and are not assumed by the Nvte
<br />purchaser unless vtherwise provided by the Note purchaser.
<br />Neither Borrower nvr Lender may commence, join, or bejoined ta any judicial action (as either an individual litigant
<br />or the memb�r of a class) that arises from the pther 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 Lender has notified the other party (with such notice given in compliance with the requirements of Section
<br />15) af such alleged breach and afforded the other party hereto a reasonal�le period after the giving of such notice to
<br />take corrective action. If Applicable Law prvvides a time period which must elapse before certain action can be taken,
<br />that tim� perind will be deemed to be reasonable for purposes pf this paragraph. The notice of acceleration and
<br />opportunity to cure given to Borrawer pursuant to Sectian 22 and the notice of acceleration given to Borrower pursuant
<br />to Sectinn 18 shall be deemed to satisfy the notice and oppartunity to take carrective actian provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined
<br />as tvxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; gasaline,
<br />kerosen�, other flammable or taxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />cantaining asbestos orformaldehyde, and radic�active materials; (b) "Environmental Law" meansfederal laws and laws
<br />af the jurisdiction wh�re the Property is located that relate to health, safety or environmental pratection; (c)
<br />"Environmental Cleanup" includes any resppnse actian, remedial action, or removal action, as defined in Environmental
<br />Law; and (d) an "Environmental Candition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release vf any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in vialatian of any Environmental Law, (b) which creates an �nvironmental
<br />Conditian, vr (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value ofthe Property. 7he preceding two sentences shall nat apply to the presence, use, ar starage
<br />on the Prvperty of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenanc� of th� Property (including, but nat limited to, hazardous substances in consumer
<br />products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental ar regulatory agency or private party involving the Property and any Hazardous Substance vr
<br />�nvironmental Law nf which Borrower has actual knowledge, (b) any Environmental Canditian, including but nnt limit�d
<br />to, any spilling, leaking, discharge, release or threat of release vf any Hazardous Substance, and (c) any canditian
<br />caused by the presence, use or release af a Hazardous Substance which adversely affects the value af the Prop�rty,
<br />If Borrower learns, or is notified by any governmental or regulatvey authority, or any private party, that any removal or
<br />other remediation of any Hazardaus 5ubstance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accardance with �nvironmental Law. Nothing herein shall create any obligation on Lender
<br />for an Environmental Cl�anup.
<br />NON-UNIFORM C�VENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall giva notice to Borrvwer prior to acceleration following Borrower's
<br />breach af any covenant or agreement in this Security Instrum�nt (but not prior to accaleration under Section 18
<br />unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the actian required to
<br />cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default
<br />must be cured; and (d) that failure to cure tha default an or bafore the date specified in the notice may result in
<br />aaceleration of the sums secured by this Security Instrument and sale of the Praperty. 7he notice shall further
<br />inform Borrower of the rlght to relnstate after acceleratlon and the rlght ta bring a court action to assert the non-
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured an
<br />vr before the date specifi�d in th� notic�, Lendar at its option may requira immediate payment in full of all sums
<br />secured by this Security Instrument withnut further demand and may invoke the pawer af sale and any ather
<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 attarneys' fees and costs of title
<br />evidence.
<br />If the pawer of sale is invoked, Trustee shall reoard a notice of default in each county in which any part of
<br />the Praparty is lacAted and shall mall copies of suah notice in the manner prescribed by Applicabla Law to
<br />Bnrrowew and to the other persans prescribed by Applicable Law. After th� time requfred by Applicable Law,
<br />7rustee shall give puk�lic natice af sale to the persons and in the manner prescribed by Applfcal�le Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place
<br />and under the terms dasignated in the notioe af sale in ane ar more parcels and in any order Trustee determines.
<br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of
<br />any previously scheduled sale. Lender or its designee may purchase tha F'roperty at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser 1'rustee's deed canveying the
<br />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 praceeds of the sale in the follawfng order: (a) to all casts and expenses of
<br />exercising the pawer of sale, and tMe sale, Including the payment of the Trustee's fees actually incurred and
<br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument;
<br />and (c) any �xcess to the person ar persans legally entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />tn r�:-cnnvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
<br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty ta the person or persons I�gally
<br />entitled to it. Such person nr persons shall pay any recordation costs. Lender may charge such person or persans a
<br />fee for reconveying the Prvperty, but only if the fee is paid to a third party (such as the Trustee) far services render�d
<br />and the charging af the fee is permitted under Applicable Law.
<br />NEBRASKA--Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3Q281/01 Initials: ��
<br />� 1999-2007 Online Documents, Inc. Page 8 qf 9 EDEED 0705
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