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200412303 <br />of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums <br />which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures <br />any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security <br />Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and <br />other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the <br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and <br />expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified <br />check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution <br />whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon <br />reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if <br />no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under <br />Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the <br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A <br />sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under <br />the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this <br />Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated <br />to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change <br />which will state the name and address of the new Loan Servicer, the address to which payments should be made and <br />any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and <br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing <br />obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are <br />not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security <br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this <br />Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in <br />compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period <br />which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes <br />of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and <br />the notice of acceleration 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. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow <br />anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which <br />creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, <br />creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br />limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3028 1 /01 <br />DocU»10 (Page 10 of 13 pages) <br />DOCUINEA.VTX 11/18/2000 <br />