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202401578
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4/12/2024 3:48:28 PM
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4/12/2024 3:48:25 PM
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DEEDS
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202401578
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202401578 <br />20. Borrower's Right to Reinstate the Loan after Acceleration. If Borrower meets certain conditions, <br />Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument discontinued at <br />any time up to the later of (a) five days before any foreclosure sale of the Property, or (b) such other period as <br />Applicable Law might specify for the termination of Borrower' s right to reinstate. This right to reinstate will not apply <br />in the case of acceleration under Section 19. <br />To reinstate the Loan, Borrower must satisfy all of the following conditions: (aa) pay Lender all sums that then <br />would be due under this Security Instrument and the Note as if no acceleration had occurred; (bb) cure any Default <br />of any other covenants or agreements under this Security Instrument or the Note; (cc) pay all expenses incurred in <br />enforcing this Security Instrument or the Note, including, but not limited to: (i) reasonable attorneys' fees and costs; <br />(ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property <br />and/or rights under this Security Instrument or the Note; and (dd) take such action as Lender may reasonably require <br />to assure that Lender' s interest in the Property and/or rights under this Security Instrument or the Note, and <br />Borrower's obligation to pay the sums secured by this Security Instrument or the Note, will continue unchanged. <br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following <br />forms, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank check, treasurer' s check, or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal <br />agency, instrumentality, or entity; or (ddd) Electronic Fund Transfer. Upon Borrower' s reinstatement of the Loan, <br />this Security Instrument and obligations secured by this Security Instrument will remain fully effective as if no <br />acceleration had occurred. <br />21. Sale of Note. The Note or a partial interest in the Note, together with this Security Instrument, may be sold <br />or otherwise transferred one or more times. Upon such a sale or other transfer, all of Lender's rights and obligations <br />under this Security Instrument will convey to Lender' s successors and assigns. <br />22. Loan Servicer. Lender may take any action permitted under this Security Instrument through the Loan <br />Servicer or another authorized representative, such as a sub -servicer. Borrower understands that the Loan Servicer <br />or other authorized representative of Lender has the right and authority to take any such action. <br />The Loan Servicer may change one or more times during the term of the Note. The Loan Servicer may or may <br />not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect Periodic Payments and any <br />other amounts due under the Note and this Security Instrument; (b) perform any other mortgage loan servicing <br />obligations; and (c) exercise any rights under the Note, this Security Instrument, and Applicable Law on behalf of <br />Lender. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state <br />the name and address of the new Loan Servicer, the address to which payments should be made, and any other <br />information RESPA requires in connection with a notice of transfer of servicing. <br />23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section <br />16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take <br />corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an <br />individual litigant or a member of a class) that (a) arises from the other party's actions pursuant to this Security <br />Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or <br />the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower <br />pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to <br />satisfy the notice and opportunity to take corrective action provisions of this Section 23. <br />24. Hazardous Substances. <br />(a) Definitions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws where the <br />Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" include (A) <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or agents, and <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) <br />Form 3028 07/2021 <br />Page 15 of 19 <br />DocMagic <br />
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