Laserfiche WebLink
20120044� <br />If Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a period of <br />not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay a11 sums <br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may <br />invoke aay remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Bonower meets certa.in conditions, Borrower sha.11 ha.ve the <br />right to have enforcement of this Securiry Instrument discontinued at any time prior to the earliest of: (a) five da.ys before sale <br />of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applica.ble Law <br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. <br />Those conditions are tha.t Borrower: (a) pays Lender a11 sums which then would be due under this Securiry Instrumeat and the <br />Note as if no acceleraxion had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this Securiry Instrument, including, but not limited to, reasona.ble attorneys' fees, property inspection and <br />valuaiion fees, a.nd other fees iacurred for the purpose of protecting Lender's interest in the Properry and rights under this <br />Securiry Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Propercy <br />and rights under this Securiry Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall <br />continue uncha.nged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certif'ied 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 agency, <br />instrumentaliry or entiry; or (d) Electronic Funds Transfer. Upon reinsta.tement by Borrower, this Secunry Iastrument and <br />obligations secured hereby shall remain fully effective as if no accelecation ha.d occuned. However, this right to reinstate sha11 <br />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 the Note (together <br />with this Security Insttvment) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in the entiry (known as the "Loan Servicer") tha.t collects Periodic Payments due under the Note and this Securiry Instrument <br />and performs other mortgage Loan servicing obligations under the Note, this Securiry Instrument, and Applica.ble Law. There <br />also might be one or more cha.nges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, <br />the address to which payments should be ma.de and any other information RESPA requires in connection with a notice of <br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the <br />Note, the mortgage loan secvicing obligatioas to Bortower will rema.in with the Loan Servicer or be transferred to a successot <br />Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Bonower nor Lender may commeace, join, or be joined to any judicial action (as either an individual litigant or <br />the member of a cla.ss) that arises from the other party's actions pursuant to this Securiry Instrument or that alleges that the <br />other party has breached any provision of, or any dury owed by reason of, this Securiry Iastt�ment, until such Bonower or <br />Lender has notif'ied the other party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />breach and afforded the other party hereto a reasona.ble period after the giving of such notice to ta.ke corrective action. If <br />Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to <br />be reasona.ble for purposes of this paragraph. The notice of acceleration and opportuniry to cure given to Bonower pursua.nt to <br />Section 22 and the notice of acceleration given to Bonower pursua.nt to Section 18 shall be deemed to satisfy the notice and <br />opportunity to ta.ke conective action provisions of this Section 20. <br />21. Hazardous 5ubstances. As used in this Section 21: (a) "Haza.rdous Substances" are those substances defined as <br />toxic or hazardous substa.nces, polluta.nts, or wastes by Environmental Law and the following substa.nces: gasoline, kerosene, <br />other flamma.ble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials conta.ining asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Properiy is located that relate to health, safery or eavironmental protection; (c) "Environmental Clea.nup" includes any response <br />action, remedial actioa, or removal action, as defined in Enviromnental La.w; and (d) an "Bnvironmental Condition" means a <br />condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. <br />Borrower sha11 aot cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threa.ten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Enviromnental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creaxes a condition thax adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropria.te to normal residential uses and to <br />maintena.nce of the PropeRy (including, but not limited to, hazardous substa.nces in consumer products). <br />Borrower sha11 promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or othet action by <br />any governmental or regulatory agency or private parly involviag the Property and any Hazardous Substance or Enviroamental <br />Law of which Bonower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition ca.used by the presence, use <br />or release of a Haza.rdous Substance which adversely affects the value of the Property. If Borrower learns, or �s notif'ied by any <br />governmental or regulatory authoriry, or any private party, that any removal or other remediaxion of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accorda.nce with <br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covena.nt and agree as follows: <br />22. Acceleration; Remedies. Lender shall g�ve notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date speci�ied in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court acdon to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specit�'ied in the notice, <br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without <br />f�rther demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shaII be <br />entitled to collect all expens� incurred in pursuing the remedies provided in this 5ection 22, including, but nut Wnited <br />to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which anq part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Appllcable Law to Borrower and to <br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons and in the manner pr�cribed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parceLs and in any order �ustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee <br />may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/07 <br />Bankers Syetems, Inc„ St. Cloud, MN Form MD-1-NE 8/17/2000 (page 6 of 7p[lges) �` �� <br />