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93 107972 <br /> rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue <br /> unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall <br /> remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case <br /> 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 <br /> Security Instrument) may be sold one or more times without prior notice to Borrower. The holder of the Note and <br /> this Security Instrument shall be deemed to be the Lender hereunder. 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. <br /> There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change <br /> of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above <br /> and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which <br /> payments should be made. The notice will also contain any other information required by_applicable law. <br /> 20. Hazardous 5ubstances. Borrower shall not cause or permit the presence, use, disposal, storage or <br /> release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br /> anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall <br /> not apply to the presence, use or storage on the Property of small quantities of Hazardous Substances that are <br /> generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall <br /> promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental <br /> or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law <br /> 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, <br /> Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall <br /> be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, <br /> attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes <br /> of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary <br /> repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, <br /> containment, remedial or other required plan),expenses and liability directly or indirectly arising out of or attributable <br /> to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of <br /> Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous <br /> Substances, (c)the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used <br /> 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, <br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br /> materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where <br /> the Property is located that relate to health, safety or environmental protection. <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br /> paragraph 17 unless applicable law provides otherwise.) The notice shall specify: (a) the default; (b) the action <br /> required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which <br /> the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br /> result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall <br /> further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br /> non-existence of a default or any defense of Borrower to acceleration and sale. If the default is not cured on or <br /> before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured <br /> by this Security Instrument without further demand and may invoke the power of sale and any other remedies <br /> permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br /> provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> If the power of sale in 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 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 <br /> in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all <br /> or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender <br /> or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver <br /> to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie <br /> evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br /> order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br /> Trustee's fees actually incurred, not to exceed the amount which may be provided for in this Security Instrument, <br /> and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any <br /> excess to the person or persons legally entitled to it. <br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br /> Trustee to reconvey the Property and shall surrender this Security Instrument, the Note and all other notes secured <br /> by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons <br /> legally entitled thereto. Such person or persons shall pay all forwarding fees imposed by Lender, reconveyance fees <br /> imposed by Trustee, and all costs relating to the recordation of the reconveyance of this Security Instrument. <br /> NEBRA►SKA Page 5 of 8 NEXX0851 (Rev. 04/22/97) <br /> FIXED RATE PROGRAM <br /> Borrower Initials � � <br /> � � <br />