|
200004892
<br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
<br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
<br />pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
<br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
<br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
<br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
<br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
<br />this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
<br />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 Security
<br />Instrument ) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
<br />(known as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. There also
<br />may be one or more 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 in accordance with paragraph 14 above and applicable law. The
<br />notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The
<br />notice will also contain any other information required by applicable law.
<br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Subtances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
<br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,
<br />or storage on the Property of small quantities of Hazardous Subtances that are generally recognized to be appropriate to
<br />normal residential uses and to maintenance of the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br />Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory
<br />authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower
<br />shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As
<br />used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
<br />located that relate to health, safety or environmental 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 Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
<br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration
<br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower
<br />of the right to 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 date specified
<br />in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security
<br />Instrument without further demand and may invoke the power of sale and any other remedies permitted by
<br />applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />paragraph 21, including, but not limited 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 any part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and
<br />to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms
<br />designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled
<br />sale. Lender 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 conveying the
<br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising
<br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed
<br />3.000 % of the principal amount of the note at the time of the declaration of default, and reasonable attorneys'
<br />fees as permitted by 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 />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs. /�
<br />LOAN NO.: 101997 Initials V r' J
<br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 9/90
<br />DOCPREP SERV/CEs, INC. FORM - DEEDNEI -2569 Page 5 of 6
<br />ORIGINAL
<br />
|