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NEBRASKA FIIA DEED OF TRUST -MERS Published. September 2014
<br />action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
<br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
<br />However, Lender is not required to reinstate if: (i) Lender has accepted reinstatement after the commencement of
<br />foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure
<br />proceeding; (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will
<br />adversely affect the priority of the lien created by this Security Instrument. Lender may require that Borrower pay
<br />such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b)
<br />money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn
<br />upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds
<br />Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
<br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration
<br />under Section 17.
<br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
<br />Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the
<br />entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument
<br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law.
<br />There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the
<br />new Loan 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 Loan
<br />Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with
<br />the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
<br />otherwise provided by the Note purchaser.
<br />20. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender
<br />(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed.
<br />Borrower acknowledges and agrees that the Borrower is not a third -party beneficiary to the contract of insurance
<br />between the Secretary and Lender, nor is Borrower entitled to enforce any agreement between Lender and the
<br />Secretary, unless explicitly authorized to do so by Applicable Law.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined
<br />as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and
<br />laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower 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 to 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 presence,
<br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
<br />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 Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any
<br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
<br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation
<br />on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under Section 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower,
<br />by which the default must be cured; and (d) that failure to cure the default on or before the date specified in
<br />the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
<br />court action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale.
<br />If the default is not cured on or before the date specified in the notice, Lender at its option may require
<br />immediate payment in full of all sums secured by this Security Instrument without further demand and may
<br />invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to
<br />collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
<br />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 any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
<br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />16256.CV (9/15) 1501704
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