|
��1�00�37
<br />If Lender exercises this opdon, Lender shall give Horrower notice of acceleration. The norice shall provide a
<br />period of not less than 30 days from the date the notice is given in accordance with Section I S within which Borrower
<br />must pay all suma secwed by this Securiry Instrument. If Borrower fails to pay these sums priar to the expiration of
<br />ttus period, Lender tnay invoke any remedies parmitted by this Security Instnunent without further notice or demand
<br />on Borrower.
<br />19. Borrower's Rig6t to Relnatatc After Acceleratlon. If Borrower meets certain conditions, Bottower shall
<br />have the right W have enforcement of this Security Insttument discontinued at any time prior to the earliest of: (a)
<br />five days before sale of the Property pursuant to any power of sale contaiaed in this Security Instrument; (b) such
<br />other period as AppGc�ble Law aught specify for the termination of Bonower's right to reinstate; or (c) entry of a
<br />judgment enforcing this Security Instrument. Those condirions are that Bottower. (a) pays I,ender all sums w}rich
<br />then would be due under this Security Insdvtnent and the Note as if no acceleration had occurred; (b) cures aay default
<br />of any other covenants or agreements; (c) pays all expenses incurred in enforcing t}ris Security Instrument, including,
<br />but not lunited to, reasonable attomeys' fees, properly inspecrion and valuadon fees, and other fees incurred for the
<br />purpose ofprotecting Lender's interest in the Property and rights under tivs Security Inst�vment; and (d) takes such
<br />acdon as Lender may reasonably require to assure Wat Lender' s interest in the Properry and rights under Utis Security
<br />Instrument, and Bonower' s obligadon to pay the sums aecwedby this Security Instrument, shall continue unchanged
<br />Lender may reqture that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
<br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier' s check,
<br />provided any such check is drawn upon an insdtudon whose deposits are insured by a federal agency, instrumentality
<br />or entiry; or (d) Electronic Funds Transfer. Upon reinstatement by Bonower, this Security Inswment and obligationa
<br />secured hereby shall remain fully effective as if no accaleration had occurred. However, tivs right w reinstate shall
<br />not apply in the case of acceleration under Secdon 18.
<br />20. Sale of Note; Change of Loan Servlcer; NoHce of Grlevance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can ba aold one or more times without prior notice to Borrower. A sale might
<br />result in a change in the entity (lmown as the "Loan Servicer") that collects Periodic Paymentc due under the Note
<br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Bonower will be given written notice of the change wFrich will
<br />statc the name and address of the new Loan Servicer, the address to which paymentc should be made and any other
<br />informarion RESPA requires in connecdon with a notice of transfer of aervicing. If the Note is sold and thereafter
<br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer or be tranaferred to a successor Loan Servicer and are not assumed
<br />by the Note pwchaser unless otherwise provided by the Note pwchaser.
<br />Neither Bonower nor Lender may commence, 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 pwsuant to this Security Instrument or that
<br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take conective action. If Applicable Law provides a dme period which must elapse before certain action
<br />can be taken, that time period will be deemed to be reasonable for purposes of this pazagraph. The notice of
<br />acceleration and opportunity to cure given to Bonower pwsuant to Section 22 and the notice of acceleration given
<br />to Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take correcdve acrion
<br />proviaions of this Section 20.
<br />21. Hazardous Substances. As used in ttris Section Zl: (a) "Hazardous Substances" are those substances
<br />defined as toxic or ha�ardous substances, pollutaats, or westes by Environmental Law and the following substaaces:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solventa,
<br />materials containing asbesWs or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
<br />(c) "Environmental Cleanup" includes any response acNon, remedial action, or removal actioq as defined in
<br />Environmental L,aw; and (d) an"Environmental Condition" means a conditioa that can cause, contribute to, or
<br />otherwise irigger an Environmental Cleanup.
<br />Borrower shall not cause or pemut the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Bonower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, due W the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized
<br />to be appropriate to normal residendal uses and to maintenance of the Properry (including, but not lunited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condidon, including but not
<br />litnited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Subatance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affecta the value of the
<br />Property. If Borrower leams, or is notified by any govetnmental or regulatory authority, or any private party, that
<br />any removal or other remediation of any Hazardous Substance sffecting the Property is necessary, Borrower sball
<br />promptly take all necessary remedisl actions in accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NEBRASKA—Single Femily—Fennie Mae/Freddie Mac UNIFORM IN3TRUMENT �e ��
<br />Form 3028 1/01 Page B of 11 www.damaglc.cvm
<br />
|