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200JO2768 <br />Security Instrument and the 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 paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this <br />Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a <br />change in the entity (known as the "Loan Servicer ") that collects monthly payments due under the Note and <br />this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of <br />the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in <br />accordance with paragraph 14 above and applicable law. The notice will state the name and address of the <br />new Loan Servicer and the address to which payments should be made. The notice will also contain any other <br />information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br />release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to <br />do, anything affecting the Property that is in violation of any Environmental Law. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the <br />Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified <br />by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. 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 <br />acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the <br />notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default <br />on or before the date specified in the notice may result in acceleration of the sums secured by this <br />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 action to assert the non - existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the <br />date specified in the notice, Lender at its option may require immediate payment in full of all sums <br />secured by this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' <br />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 <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee 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 <br />or its designee 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 <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred, not to exceed 3.000 % of the principal amount of the note at <br />the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and <br />NEBRASKA- Single Family - Fannie Mae /Freddie Mac Uniform Instrument <br />Form 3028 9/90 <br />Laser Forms Inc. (800) 446 -3555 <br />LFI #FNMA3028 1/99 Page of Initials: <br />