|
20021126.2
<br />If Leader exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of
<br />not less than 30 days 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. If Borrower fails to pay these sums prior to the expiration of this period, Leader may
<br />invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meet% 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 the 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 (e) entry of a judgment enforcing this Security Instrument.
<br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
<br />Now as if no acceleration had occurred; (b) cures any default of any other covenams 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 intemsl in the Property and rights under this
<br />Security Instmrnent and (d) lakes such action as Lender may reasonably require to assure that Lender's interest in the Property
<br />and rights under this Security Instrument, and Borrower's obligation N pay the sums secured by this Security Instrument, shall
<br />continue unchanged. Leader may require that Borrower pay such reinstatement sums and expenses in one or more of the
<br />following fora, as selected by Lender: (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 at federal agency,
<br />instrumentality, or entity; or (d) Electronic funds 'Itansf'er. Upon reinstatement by Borrower, this Security Instrument and
<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 Section 18.
<br />20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Now or a partial interest in the Note (together
<br />with this Security Instrument) can he 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 Servicer ") that collects Periodic Payments due under the Now and this Security Instrument
<br />and performs other mortgage loan servicing obligations under the Note, this Security InAmmem, and Applicable Law. There
<br />also might he one or more changes of the Loan Servicer omelawd to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will stale the name and address of the new Loan Servicer,
<br />We address to which payments should be made and any other information RESPA requires in connection with a notice of
<br />transfer of servicing. 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 />Loan Servicer and am not assumed by the Non: purchaser unless otherwise provided by the Now purchaser.
<br />Neither Borrower am Lender may 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 />Lender 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 other party hereto a reasonable period after the diving 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 paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
<br />Section 22 and the notice of acceleration given to Borrower pursuant N Section 18 shall be deemed m satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. lfasaalme. 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 />other Bamnhable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or eavuermental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Euviromental Condition" means a
<br />condition that can cause, contribute to, or otherwise trigger an Envirnnmcned Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous 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 preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential was and m
<br />nainlenaace of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender 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 />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not Waited m, any spilling,
<br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
<br />or release of a hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, or any private party, that any removal or other temahatio r of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of my covenant or agreement in this Security instrument (but not prior to acceleration under Section IS unless
<br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be mired; and
<br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
<br />secured by this Security Instrument 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 my 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 at its option may require immediate payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and my other remedies permitted by Applicable Law. Leader shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasonable attorneys' fees and costs of title evidence.
<br />if 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. After the time required by Applicable Law, Trustee shall give public
<br />notice of sale to the persons and in the wouuer prescribed by Applicable Law. Trustee, without demand on Borrower,
<br />shall sell the Properly at public auction to the highest bidder at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels and in my order Trustee determines. Trustee may postpone sale of all or my parcel
<br />of the Properly by public announcement at the time and place of my previously scheduled sale. Lender or its designee
<br />may purchase the Properly at my 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 the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
<br />permitted by Applicable taw; (b) to all sums scarred by this Security Instrument; and (c) my excess to the person or
<br />persons legally entitled to it.
<br />NEBRASKA — Single Femily— FennI. Mae/Freddie Mec UNIFORM INSTRUMENT tr T)Form 3028 1101
<br />aYnYes Syxumz.I n ,.1 c1-1, MN 1.1m Mn- 1- Nr.1111N00 "e,6 f7X911) i _iiiiiia�
<br />I.
<br />
|