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201109877
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Last modified
12/30/2011 8:49:51 AM
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12/30/2011 8:49:50 AM
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DEEDS
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201109877
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201�09�77 <br />1111060944 <br />t9. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, <br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior <br />to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; (b) such other period as Applicable Law might specify for the termination of Bonower's <br />right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that <br />Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as <br />if no acceleration had occuned; (b) cures any default of any other covenants or agreements; (c) pays all <br />expenses incuned in enforcing this Security Instrument, including, but not limited to, reasonable attomeys' <br />fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's <br />interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may <br />reasonably require to assure that Lender's interest in the Property and rights under this Security instrument, <br />and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. <br />Lender may require that Borrawer pay such reinstatement sums and expenses in one or more of the following <br />forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this <br />Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in <br />the Note (together with this Security Instrument) can be sold one or more times without prior notice to <br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic <br />Payments due under the Note and this Security Instrument and performs other mortgage loan servicing <br />obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more <br />changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, <br />Borrower will be given written notice of the change which will state the name and address of the new Loan <br />Servicer, the address to which payments should be made and any other information RESPA requires in <br />connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a <br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bonower will <br />remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the <br />Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, 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 party's actions pursuant to this Security <br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, <br />this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given <br />in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto <br />a reasonable period after the giving of such notice to take conective action. If Applicable Law provides a <br />time period which must elapse before certain action can be taken, that time period wiU be deemed to be <br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to <br />Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 <br />shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous 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 containing asbestos or formaldehyde, and radioactive materials; (b} <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />� 338.5 Page 12 of 14 Form 3028 1/Ol <br />
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