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200112763 <br />It' Lender exercises this option, Lcnder .shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less than 30 clays from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums <br />secured by this Security Instrument. It' Borrowcr bails to pay these sums prior to the expiration of this period, Lender may <br />invoke any rcnicclies perrttined by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's [light to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the <br />right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale <br />Of Cite Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law <br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. <br />Those conditions are that Borrower: (a) pays Louder all sums which then would be due under this Security Instrument and the <br />Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses <br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and <br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument; and (d) takes such action as Lcnder may reasonably require to assure that Lender's interest in the Property <br />and rights under this Security Instruutcut, and Borrower's obligation to pay the sums secured by this Security Instrument, shall <br />continue unchanged. Lcnder may require that Borrower pay such reinstatement sums and expenses in one or more of the <br />following forms, as selected by Lcudcr: (a) cash; (b) money order; (c) 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 federal agency, <br />instrumentality or entity; or (d) Electronic funds Transfer. Upon reinstatement by Borrower, this Security Instrument and <br />obligations secured hereby shall remain fully effcetive as if no acceleration had occurred. However, this right to reinstate shall <br />not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Scrvicer; 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 Scrvicer ") that collects Periodic Payments due under the Note and this Security Instrument <br />Mud performs oilier mortgage loan scrviciu obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might be one or more changes of the Lotw Scrvicer unrelated to a sale of the Note. If there is a change of the Loan <br />Scrvicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, <br />the address to which paymcutS should be made and any other information RESPA requires in connection with a notice of <br />transfer or scrvicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the <br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor <br />I.oan Serviecr and are not assumed by the Noic purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrowcr nor 1,Clldcr ivay commence, join, or be joined to any judicial action (as either an individual litigant or <br />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 />Lcnder 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 outer 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 to <br />be reasonable for purposes of this p,lragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Suction 22 and the nonce of acccieranon given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. llazardous 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 />Mier Ilanunahlc or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde. and radioactive materials_ (h) "I;uvironmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (e) "Environmental Cleanup" includes any response <br />action, renudiai action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />condition that cats cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrowcr shall not cause or perutii the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any llazardous 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 prececling two sentences shall not apply to the presence, use, or storage on the Property <br />ol' small quantities of llazardous Substances thMt are generally recognized to be appropriate to normal residential uses and to <br />maiutcuance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lcudcr 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 Environmental <br />1.aH or which Borrower has actual kuowlcdge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, clischargc, release or threat of rcicase of any Hazardous Substance, and (e) any condition caused by the presence, use <br />or release of M I lazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any <br />governmental or rcgulaiory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental 1.aw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON- 11NlhORM CMENANTS. lorrowcr 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 />breech of all y 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 default; <br />(c) a (late. out less Ihan 30 days I'rum the dale the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure tire default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this, Security h►strunicut 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 or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />lender al its option uuly require inuuediatc oaynrcnl in full of all sums secured by this Security Instrument without <br />further dcma,id and uu,� invoke the pu%(er of sale and any other remedies permitted by Applicable Law. Lender shall be <br />courted to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonablc atlorneys' fees and costs of, title evidence. <br />I1' 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 to <br />the other persons prescribed by Applicable Law. Alter the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, <br />Shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale ill on o <br />e r inure parcels and in auv order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public annouucetnew it the time and place of any previously scheduled sale. Lender or its designee <br />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 of <br />sale. and the sale. including tl►c 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 ill. <br />NEBRASKA -- Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Rankers Systeirs, I.�c., St. Ctoud, MN For MD -1 -NE 8117/2000 (page 6 o 7page <br />