Laserfiche WebLink
<br />200611077 <br /> <br />If Lender exercises this aptian, Lender shall give Barrower natice af acceleratian. The natice shall pravide a peri ad af <br />nat less than 30 days fram the date the natice is given in accardance with Sectian 15 within which Barrawer must pay all sums <br />secured by this Security Instrument. If Barrawer fails to. pay these sums prior to. the expiratian af this periad, Lender may <br />invake any remedies permitted by this Security Instrument withaut further natice ar demand an Barrawer. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain canditians, Barrower shall have the <br />right to have enfarcement af this Security Instrument discantinued at any time prior to. the earliest af: (a) five days befare sale <br />af the Property pursuant to. any pawer af sale cantained in this Security Instrument; (b) such ather periad as Applicable Law <br />might specify for the terminatian af Borrower's right to. reinstate; ar (c) entry af a judgment enfarcing this Security Instrument. <br />Thase canditians are that Barrower: (a) pays Lender all sums which then wauld be due under this Security Instrument and the <br />Nate as if no. aeceleratian had accurred; (b) cures any default af any ather cavenants or agreements; (c) pays all expenses <br />incurred in enforcing this Security Instrument, including, but nat limited to., reasanable attarneys' fees, praperty inspectian and <br />valuatian fees, and ather fees incurred for the purpase af protecting Lender's interest in the Praperty and rights under this <br />Security Instrument; and (d) takes such actian as Lender may reasanably require to. assure that Lender's interest in the Property <br />and rights under this Security Instrument, and Barrawer's abligatian to. pay the sums secured by this Security Instrument, shall <br />cantinue unchanged. Lender may require that Barrawer pay such reinstatement sums and expenses in ane ar marc af the <br />fallawing farms, as selected by Lender: (a) cash; (b) maney arder; (c) certified check, bank check, treasurer's check ar <br />cashier's check, provided any such check is drawn upan an institutian whase depasits are insured by a federal agency, <br />instrumentality ar entity; ar (d) Electronic Funds Transfer. Upan reinstatement by Barrawer, this Security Instrument and <br />abligations secured hereby shall remain fully effective as if no. acceleration had Dccurred. However, this right to. reinstate shall <br />nat apply in the case of acceleratian under Sectian 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Nate ar a partial interest in the Nate (tagether <br />with this Security Instrument) can be said ane ar more times withaut priar natice to. Borrawer. A sale might result in a change <br />in the entity (knawn as the "Laan Servicer") that callects Periadic Payments due under the Nate and this Security Instrument <br />and perfarms ather martgage lDan servicing abligatians under the Nate, this Security Instrument, and Applicable Law. There <br />also. might be ane ar mare changes af the Laan Servicer unrelated to. a sale af the Nate. If there is a change af the Laan <br />Servicer, Barrower will be given written natice of the change which wi1l state the name and address af the new Laan Servicer, <br />the address to. which payments shauld be made and any ather infarmatian RESP A requires in cannection with a natice af <br />transfer af servicing. If the Nate is said and thereafter the Laan is serviced by a Laan Servicer ather than the purchaser af the <br />Nate, the martgage laan servicing abligatians to. Barrower will remain with the Laan Servicer ar be transferred to. a successor <br />Laan Servicer and are nat assumed by the Nate purchaser unless atherwise provided by the Nate purchaser. <br />Neither Borrower nar Lender may cammence, jain, ar be jained to. any judicial actian (as either an individual litigant ar <br />the member af a class) that arises fram the ather party's actions pursuant to. this Security Instrument ar that alleges that the <br />ather party has breached any provisian af, or any duty awed by reasan af, this Security Instrument, until such Barrower ar <br />Lender has natified the ather party (with such natice given in compliance with the requirements af Sectian 15) af such alleged <br />breach and affarded the ather party hereto. a reasanable periad after the giving af such natice to. take carrective actian. If <br />Applicable Law pravides a time periad which must elapse before certain actian can be taken, that time periad wi1l be deemed to. <br />be reasanable far purpases af this paragraph. The natice af acceleratian and appartunity to. cure given to. Barrawer pursuant to. <br />Sectian 22 and the natice af acceleratian given to. Barrawer pursuant to. Sectian 18 shall be deemed to. satisfy the natiee and <br />appartunity to. take carrective actian provisians af this Sectian 20. <br />21. HazardQus Substances. As used in this Sectian 21: (a) "Hazardaus Substances" are thase substances defined as <br />taxic ar hazardaus substances, pallutants, ar wastes by Environmental Law and the fallawing substances: gasaline, kerosene. <br />ather flammable or toxic petraleum products, taxic pesticides and herbicides, valatile salvents, materials cantaining asbestas or <br />farmaldehyde, and radiaactive materials; (b) "Environmental Law" means federal laws and laws af the jurisdictian where the <br />Praperty is lacated that relate to. health, safety or enviranmental pratectian; (c) "Environmental Cleanup" includes any respanse <br />actian, remedial actian. ar remaval actian, as defined in Enviranmental Law; and (d) an "Enviranmental Canditian" means a <br />canditian that can cause, cantribute to., or atherwise trigger an Environmental Cleanup. <br />Borrower shall nat cause ar permit the presence, use, dispasal, storage, or release af any Hazardaus Substances, or <br />threaten to. release any Hazardaus Substances, an or in the Property. Barrawer shall nat do., nar allaw anyane else to. do., <br />anything affecting the Property (a) that is in vialatian af any Environmental Law, (b) which creates an Enviranmental <br />Canditian, ar (c) which, due to. the presence, use, ar release af a Hazardaus Substance. creates a canditian that adversely <br />affects the value af the Property. The preceding two. sentences shall nat apply to. the presence, use, ar starage an the Property <br />af small quantities af Hazardaus Substances that are generally recagnized to be appropriate to. narmal residential uses and to. <br />maintenance af the Praperty (including, but nat limited to., hazardaus substances in cansumer praducts). <br />Barrawer shall promptly give Lender written natice af (a) any investigatian, claim, demand, lawsuit ar ather actian by <br />any gavernmental ar regulatory agency ar private party invalving the Praperty and any Hazardaus Substance ar Environmental <br />Law af which Barrawer has actual knawledge, (b) any Environmental Canditian, including but nat limited to., any spi1ling, <br />leaking, discharge, release ar threat af release af any Hazardaus Substance, and (c) any canditian caused by the presence, use <br />ar release af a Hazardaus Substance which adversely affects the value af the Property. If Barrawer learns, ar is natified by any <br />gavernmental or regulatary autharity, or any private party, that any remaval or ather remediatian af any Hazardaus Substance <br />affecting the Praperty is necessary, Barrawer shall promptly take all necessary remedial actians in accordance with <br />Environmental Law. Nathing herein shall create any abligatian an Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Barrawer and Lender further cavenant and agree as fallaws: <br />22. Acceleration; Remedies. Lender shall give notice to. BQrrQwer priQr to. acceleratiQn fQIIQwing BQrrQwer's <br />breach Qf any CQvenant or agreement in this Security Instrument (but nQt priQr to. acceleration under SectiQn 18 unless <br />Applicable Law prQvides Qtherwise). The nQtice shall specify: (a) tbe default; (b) the actiQn required to. cure tbe default; <br />(c) a date, nQt less tban 30 days frQm tbe date tbe nQtice is given to BQrrQwer, by whicb tbe default must be cured; and <br />(d) that failure to. cure tbe default Qn Qr befQre tbe date specified in the nQtice may result in acceleratiQn Qf the sums <br />secured by this Security Instrument and sale Qf tbe Property. The nQtice sball furtber inform BQrrQwer Qf tbe rigbt to <br />reinstate after acceleratiQn and tbe rigbt to bring a court actiQn to. assert tbe non-existence Qf a default Qr any otber <br />defense Qf Borrower to acceleratiQn and sale. H tbe default is not cured Qn Qr before tbe date specified in the nQtice, <br />Lender at its QptiQn may require immediate payment in full of all sums secured by this Security Instrument witbout <br />further demand and may invoke the power of sale and any Qtber remedies permitted by Applicable Law. Lender sball be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this SectiQn 22, including, but not limited <br />to, reasonable attQrneys fees and costs of title evidence. <br />H tbe power Qf sale is invoked, Trustee shall recQrd a nQtice of default in each cQunty in which any part of tbe <br />Property is located and shall mail copies of sucb notice in the manner prescribed by Applicable Law to. BQrrQwer and to <br />tbe other persQns prescribed by Applicable Law. After tbe time required by Applicable Law, Trustee sball give public <br />notice of sale to. the persons and in the manner prescribed by Applicable Law. Trustee, witho.ut demand o.n Borrower, <br />shall sell tbe Property at public auctio.n to. tbe higbest bidder at the time and place and under the terms designated in tbe <br />no.tice of sale in Qne o.r mo.re parcels and in any Qrder Trustee determines. Trustee may postpo.ne sale of all or any parcel <br />o.f tbe Property by public annQuncement at tbe time and place Qf any previously scbeduled sale. Lender Qr its designee <br />may purcbase tbe PrQperty at any sale. <br />Upon receipt Qf payment o.f tbe price bid, Trustee sball deliver to tbe purchaser Trustee's deed co.nveying tbe <br />Property. The recitals in tbe Trustee's deed shall be prima facie evidence of the truth o.f tbe statements made tberein. <br />Trustee sball apply the prQceeds Qf tbe sale in tbe following Qrder: (a) to. all costs and expenses Qf exercising the PQwer Qf <br />sale, and the sale, including the payment o.f tbe 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 tbe person o.r <br />persons legally entitled to it. <br /> <br />NEBRASKA~Single Family-Finnie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 <br /> <br />Sanker. Systems, Inc., St. Cloud, MN Form MD.'.NE 8/17/2000 <br /> <br />(page 6 of 7 pages) <br />