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201108530
<br />under the Note artd this Security Tnstnzment and perForms other mortaage loan servicing obligations under the
<br />Note, this Seeurity Tnstrument, and Applieable Law. 7'here alsa might be ane or more changes of the I.aan
<br />Servicer unrelated to a sale of the Note. If there is a chan�e ofthe Laan 5ervicer, Borrawer will be given written
<br />notice of the change which wilI state the name and address of the new Loan Servicer, the address to which
<br />payments should be made and any other information RESPA reqvires in connection with a norice of transfer of
<br />servicing. Tf the Note is sold and thereafter the Loan is serviced by a Loan Servicer ather than the purehaser of �
<br />the Nate, the mortgage loan servicin� obligations to �onower will remain with the Loan Servicer or be
<br />�ansferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by
<br />the Note purchaser.
<br />Neither Rorrower nor L�nder may comznence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class} that arises from the other paety's actions pursuant to this Seeurity
<br />Instrument or that alleaes that the other par[y has breached any provision of, or any dvty owed by reason of, this
<br />Security Instrument, untii such Bonawer or Lender has notified the other parry (with sucn notice �iven in
<br />compGance with the requirements of Seetion 1S) of such alleged breach and af�arded the other party hereto a
<br />reasonabie period a#ter the �iving of such notice to take corrective actian. ffApplicable Law provides a time
<br />period which must elapse be�ore certain action can be ta4:en, that time period will be deemed to be reasonable for
<br />purposes of this para The notice of acceleration and opporiunity to cure giv�n to Borrower pvrsuaat ta
<br />Section 22 and the natice of acceleration given to Borrower pursuant to Section 18 shali be deemed to satisfy the
<br />notice and oppartunity to taice correcrive action provisions of this Section 20,
<br />21. Hazardaus Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pallutants, or wastes by Environmental Law and the
<br />following substances: ;asotine, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, vo[atile solvents, materia�s containing asbestos or foxmaldehyde, and radioactive materials; (b)
<br />"Environmental Law" means federal iaws and laws ofthe jurisdiction where the Properiy is located #hat relate ta
<br />health, safety or environmenfial protection; (c} "Environmental Cleanvp" includes any response action, remedial
<br />action, or removat action, as defined in Environmental Law; a.nd (d) an "Environmental Condition" means a
<br />condition that can cause, contribate to, or othenvise tri�er an Enviranmental Cieanup.
<br />Bonrower shall nat cause or perrnit the presence, use, disposal, storage, or release of any Hazardous
<br />5uhstances, or threaten to release any Hazardous Substances, on or in the Praperty. Sarrower shall not do, nor
<br />allow anyane else #o do, anything affectina tha Property (a) that is in violation of any Bnvironmental I..,aw,
<br />{b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of aHaaardous
<br />Substance, creates a c¢ndition that adversely affects the valve of the Property. The preceding two se�ences shail
<br />not apply to the presence, use, or swrage on the Property of srnall quantities of Hazardous Substauces that are
<br />generally reco?nzzed to be appropriate to normal resident�al uses and to maintenance of the Property (including,
<br />but not limitsd to, hazardoUS substances in consumer products).
<br />Borrower shall promptly give Lender written notice of(a) any �nvestigation, claim, demand, Iawsuit or
<br />other action by any govemmental or regulatory a�eney or private party invalving the Praperty and any Hazardous
<br />Suhstance or Environmental Law of which Borrawer has actual ]rnowled�e, (b} any Environmental Conslition,
<br />including but not limited to, any spiilin�, leakin�, dischar�e, release or threat of release of any Hazardous
<br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the vatue of the Property. If Bonower learns, or is noti�ed by any governmental or re�ulatory
<br />authority, or any private party, that any removal or other remediatian of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take ali neeessary remedial actions in accordance wrth
<br />Environmental Law. Nothing herein shalt create any obligation vn Lender for an Environmental Cleanap.
<br />NON-CJNiFORM COVENANTS. Bonower and Lender further covenant and agree as follows:
<br />Z2. Acceleration; Remedies. Lender shatl sive notice to Barrower prior to acceleration following
<br />Borrower's breach of any covenant or ao eement in this Security Instrunnent (but not prior to acceleration .
<br />under Section I$ nnless Appticabie Law provides otherwise). The notice shait specify: (a) the default;
<br />(b) the action reqaired to cure the default; (c) a date, not less than 30 days from the date the noiice is given
<br />to Borrower, by which the default mus# be cvred; and (d} that #'ailuxe to cure the defaatt on or before the
<br />date specified in the notiee may resnit in acceleration ofthe sums secured by this Security Instrument and
<br />sale of the Praperty. The notice sha[1 farther inform Borrower of the right to reinstate after acceieratian
<br />and the right to bring a court action to assert the non-existence of a default or any other defense of
<br />Borrower to acceleration and saie. If the default is aot cured ou or before the date speciCed in fhe notice,
<br />Lender at its option may require immediate payment in full of alI sums secured by this SecurityInstrument
<br />v►�thout further demand and may invoke the power of sale and any other remedies permitted by Applicable
<br />Law. Lender shall be entitled to collect ail expenses incurred in pursuing the remedies provided ip this
<br />Section 22, Snciuding, bnt not Iimited to, reasonable attomeys' fees and costs of titte evidenee. .
<br />If the power ofsale is invoked, Trus#ee shall record a natice of default in each county ip which aQy
<br />part of the Property is located and shall mail copies of such not'rce in the manner prescribed by Applicable
<br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Applicabie Law, Trustee shall p ve public notice of sale to the persons and in the manner prescribed by
<br />Applicable Law Trustee, without demand on Borrower, shall seli the Property at public auction to the
<br />hibhest bidder at trie time attd place and under the terms designated in the notice af sale in one vr more .
<br />parcefs and in any order Trustee determines. Trustee may posCpone sale of a11 or any parcel of the
<br />Property by public announcement at the time and place of any previonsly scheduted sale. Lender or its
<br />designee may purchase the I'roperty at any sate.
<br />Upon receipt at' payment of the price bid, Trustee sha11 deliver to the purchaser Trastee's deed .
<br />conveying the P'roperty. The recitals in the Trustee's deed shali be prima facie evidence of the truth ofthe
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following owder: (a) to al1 costs
<br />and expenses of exercising the power of sale, and the saie, including the payment o#'the Trustee's fees
<br />actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to al! sums secured
<br />by this Security Instrument; and (c) any excess Yo the persan or persons lepaliy eatitled to i�
<br />23. Recunveyance. Upon payment of all sums secured by this Security Instrurnent, Lender shail
<br />request �'rustee to re-convey the Property and shall surrende� this Security Instrument and all notes evidencin;
<br />debt secured by this Security Tnstrument to Trustee. Trustee shatl reconvey the Property without warranty ta the :
<br />person or persons legafly entitled to it. Such person or persons shail pay any recordation costs. Lender may
<br />charge such person or persons a fee far reconveying the Property, but only if tha fee is paid to a third party (such
<br />as the Trustee) for services rendered and the charging of the fee is permitted under Applicabie La.w.
<br />NEBI2�SKA—Sinyle Family—Fagnic MadF'reddic Mac UNiFORM IllSTBUMENT {MERS) Form 30281l01 (page 8 of �pages)
<br />72439.CV (9/11) 430010250G Crea6ve T6inking, Tne.
<br />GOTO(0034183cn
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