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206605236 <br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right <br />to reinstate shall 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 Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in the 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. There <br />also might be one or more changes 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 <br />Servicer, the address to which payments should be made and any other information RESPA requires in connection with a <br />notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the <br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or <br />Lender has notified 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 reasonable period after the giving of such notice to take 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 <br />to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower <br />pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the <br />notice and opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos <br />or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where <br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any <br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten 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 Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that 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 appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation 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 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 <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 of <br />the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any <br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the <br />notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, <br />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 sale <br />of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />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 therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of 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 />23. 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 to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon <br />Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT �Y Form 3028 3/99 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000 (page 6 of 7pages) <br />