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201108105
<br />Neither Bonower nor Lender �y commence, join, or be joined to aay judicial action (as either aa
<br />individual litigant or the �mber of a class) that arise.s from the other garty's actions p�suant to this Securily
<br />Instrument or that allege.s that the other pazty has breached any provision of, or any duty owed by reasoa of, t1�is
<br />S�urity Instrument, until such Borrower or Lender has notified the other party (wrth such notice given in
<br />comgliance with the r�uirements of Section 15) of such alleged breach and afford� the other party hereto a
<br />reasonable period after the giving of such notice to take correcti ve action. If Applicabie Law provides a time
<br />period wluch must elapse before certain action can be taken, that time period will be d��d to he reasonable for
<br />purposes of this paragraph. The notice of acceleration and opportuaity to cure given to Barrower pursuant to
<br />Sechon 22 and the notice of acceleration given to Bonower pursuaut ta Sectian 18 shall be dee�d ta satisfy the
<br />aotice and opportunity to take corrective action grovisions of this Section 24.
<br />21. Hazardous Substances. As used in this Section 21: (a) `2Iazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials cantaining asbestos or formaldehyde, and radioactive �terials; (b)
<br />"Environn�ental Law" means federal laws and laws of the jurisdiction where the Properiy is located that relate to
<br />health, safety ar envirann�ntal protection; (c) "Environmental Cleanup" includes any response action, rer�dial
<br />action, or removal action, as defined in Environmental I.aw; and {d) an "Envirou�ntal Condition" means a
<br />condition that can cause, contribnte to, or otherwise trigger an Environmental Cleanup.
<br />Barrower shall not cause or permit the presence, use, disposal, storage, or release af any Hazardous
<br />Substances, ar threaten to release any Hazardous Substanr,es, on ar in the Properiy. Borrower sha11 not do, nor
<br />allow anyone else to do, anything affecting t1�e Property (a) that is in violarion of aaiy Environmental Law,
<br />(b) which creates an Environmeatal Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
<br />not apply to the presence, use, or stora�e on the Property of small quantities of FIazardous Substances that are
<br />generally re�ognized to be appropriate to norn�l residential uses and to maintenance of the Property (including,
<br />but not limited ta, hazardous substances in consu�r products).
<br />Borrower shall promptly give Lender written notice of {a) any invesrigation, claim, demaud, lawsuit or
<br />other action by an� governmental or regulatory ageacy orprivate pariy mvolving the Properly and any Hazardous
<br />Substance or Env�ronmental I,aw of which Borrower has actual knowledge, (b) any Envuonmental Caadition,
<br />including but not limited to, any spilling, leaking, discharge; release ar tlueat of release of any Hazatdous
<br />Substance, and (c) any condition caused by the preseace, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Barrower leams, or is notified by any govenu�ntal or regulatary
<br />autharity, ar any private party, that any removal or other remediation of any Hazardous Substanee affeeting the
<br />Praperty is necessary, Borrower shallpromptly take all necessary remedial actions in accordance wrth
<br />Environmental Law. Nothiag herein shall create any obligation on Lender for an Environ�ntal Cleanup.
<br />ATON-IJN�ORM COVENANTS. Borro�ver and Lender fiuther coaenaut and agree as follows:
<br />22. Acceleration; Remedies. Lender sh$ll give notice to Borrower grior to �cceleratlon followmg
<br />Borrower's breach of any covenant or agreeme� in this Security Instrume� (bat not prior to acceleration
<br />under Section 18 unless Appiicable L�w provides otherwise� The notice shall specify: {a) the default;
<br />(b) the action required ta cure the default; (c) a date, nat less t an 30 d�ys from the date the notice is given
<br />to Borrower, by wluch the default mnat be cured; and (d) that failnre to cure the default on or before the
<br />date specified in the notice may result in accekration of t6e sums s�ured by tLis Security Instrument and
<br />sale of the Property. The notice sh�Il further infoem Borrower of the right to reinstate after acceleratian
<br />rand the right to brin� a court action ta �ssert the non-e�stence of a def$ult ar any other defense of
<br />Borrower to acxeler�hon and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender �t its option mayrequu�e immediate payment in fuIl of aIl sums secur+ed by this Security Instrumeat
<br />without further demand and m�y invoke the power of s�le aad aay other remedies permitted by Applic�ble
<br />I.aw. Lender shall be entitled to collect all ezpen�s incurred in pursuing tbe remedie9 provided in this
<br />S�tion 22, including, bat not limited to, reasonable attorneys' f�s aad croats of title evidence.
<br />If the power of s�le is invoked, Trustee shall record a notice of default in each coanty in wbich any
<br />gart of the Property ic l��ted and shall mail copies of such notice in the manner prescribed by Applic�ble
<br />Law to Borrower �nd ta the othee persons prescribed by Applicable Law. After the time required by
<br />Apglicable Law, Trustee shall give public notice of sale to the parsons and in the manner prescr�bed by
<br />Wg glicable Law. Trustee, withoat demand on Borrower, shall sell the Propert� at public auction to the
<br />hest hidder at the time �nd place and under the ter� designated in the notice of sale in one ar mare
<br />parcels and in any order Trustee determines. Trustee may postpane sale of all or any garcet of the
<br />Pro�erty by public announcement at the time and place of any previously scheduled sale. Lender or its
<br />designee may purchase the Praperty at �ny sale.
<br />Upon receipt of payment of the price bid, Tiv�ee shall deliver to the purchaser Trastee's deed
<br />canveying the Property. The recitals in the Trastee's deed shall be pri� facie evidence of the truth of the
<br />statements made therein. Trustee shall appty the proceeds of the sale in the following arder: (a) to all costs
<br />and e�penses of ezercising the power af sale, �nd the s�le, including the paym ent of the Trustee's feea
<br />actuslly incurred and reasonabie attorneys' fees as permitted by Applicable Law; (b) to all sums secured
<br />by this Secu �' yInstrument; and (c) any ezcess to the person or persons legally entitled to ft.
<br />23. C�OSS-COLLATERAL PROVISION. In addition to the u►dabtedness evidenced by the Note and
<br />other obligations secured hereby and all future advxnces �de at Lender's option or advanced toprotect the
<br />security of the Deed of Trust, This De� af Trust shall further secure all other obligahons, debts and liabilities,
<br />plus interest thereon, of Borrower, or any one or �re of them, to Lender, as well as ail clau� by Lender against
<br />Borrower or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to
<br />ihe purpose of the Note, whether voluntary or otherwise, wheflier due or aot dne, dir�t or indirect, determined or
<br />undeteravaed, absolute or contingent, liquidated or unliquidated, whether Borrower may be liabie individually ar
<br />jointly with others, and whether obligated as guarantor, surety, accommodation party or otherwise.
<br />24. Re�onveyance. Upon payinent of all sums secured by this 5�unty Instru�at, Lender shall
<br />requ�t Trustee to re-canvey the Properiy and shail surrendea� this Security Instrument and a11 not� evidencing
<br />debt sec�ed by this Secuniy Instrux�nt to Trustee. Trustee shall reconvey the Properiywithout warranty to the
<br />peison arpersons legally entided to it. Such person orpersons shall pay any recordatian costs. L�nder �y
<br />charge such person or persons a fee for reconveymg the Property, but only if the fee is paid to a third party (such
<br />as the Trustee) for seTVices rendered and the chargin� of the fee is pernutted under Apphcable Law.
<br />25. Sabstitute Trastee. Lender, at its aphon, may from time to tixne remove Trustee and apkoint a
<br />successor hustee to any Trustee appointed hereunder by an instruc�nt recorded in the coun�y m w}uch this
<br />�curity Instrument is recorded. Without conveyaace ofthe Froperly, the successor trustee shall succ�d ta a11
<br />the title, power and duties conferred upon Tnistee hemm and by Agphcable Law.
<br />NEBRASKA—Single Family—Fanoie MaelFreddie Mec IJNIFORM INSIRLTMENT Modifled Form 34281lO1 (page 8 of 9 pagesj
<br />22050.CV (8/i I) 14i625 Creative T6inking, Inc.
<br />GOTO(002c7e7�
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