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Last modified
10/13/2011 6:04:52 PM
Creation date
10/20/2005 9:05:21 PM
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DEEDS
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200006215
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Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this <br />Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the <br />date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br />than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies <br />permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <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 occurred; <br />(b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument <br />including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure <br />that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by <br />this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall <br />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 notice <br />will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will <br />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 Substances 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, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />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 authority, <br />that any removal or other remediation of any Hazardous Substance affecting the . Property is necessary, Borrower shall <br />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 used <br />in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />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 breach of any <br />covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law <br />provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than <br />30 days from the date the 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 Security Instrument and sale <br />of the Property. 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. If the default is <br />not cured on or before the 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 other remedies permitted <br />by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph <br />21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />Single Family -- FNMA/FHLMC UNIFORM INSTRUMENT FORM 3028 08190 (Page 5 of 6 Pages) <br />NEBRASKA ECO27L Rev. 10/14/91 <br />
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