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<br />200611453 <br /> <br />If Lender exercises this option, Lender 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, Lender may <br />invoke any remedies permitted hy this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the <br />right to have enforcement of this Security Instrwnent 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 teOllination of Borrower's right to reinstate; or (c) 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 />Note as if no acceleration had occurred; (h) cures any default of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this Security Instrwnent, including, but not limited to, reasonahle auorneys' 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 Lender may reasonably require to assure that Lender's interest in the Property <br />and rights under this Security Instrument, and Borrower's Obligation to pay the sWns secured by this Security Instrument, shall <br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenscs in one or more of tbe <br />following foOlls, 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 a federal agency, <br />instrwnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement hy 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 undcr Section 18. <br />20. Sale of Note; Change of Loan Servicer; 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 Servicer") that collects Periodic Payments due under the Note and this Security Instrument <br />and perfoOlls other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might be one or more changes of the Loan Servicer unrelated 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 state the name and address of the new Loan Servker, <br />the address to which payments should be made and any other infonnation 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 are 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 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 Instrwnent, 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 reasonahle 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 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 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 defined as <br />toxic or hazardous substances, pollutants, ar wastes by Environmental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ashestos or <br />formaldehyde, and radioactive materials; (h) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" ineludes any response <br />action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a <br />condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit thc presence, usc, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Propcrty. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to tbe presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of thc Property. The preceding two sentences shall not apply to the presencc, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to nornlal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly givc 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 Enviromncntal <br />Law of which Borrower has actual knowledgc, (b) any Environmental Condition, including but not limited to, 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 remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary rcmedial actions in accordance with <br />Environmental Law. Nothing hcrein shall create any ohligation on Lender for an Enviromllental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower 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 />breach of any 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 date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure tbe default on or before the date specified in tbe notice may result in acceleration of tbe sums <br />secured by this Secmity 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 tbe non-existence of a default or any otber <br />defense of Borrower to acceleration and sale. If the default is not cured on 01' 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 any other remedies permitted by Applicable Law. Lender 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 />Prope11y is located and shall mail copies of sucb 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 manner prescribed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Prope11y at public auction to the highest bidder at the time and place and under tbe terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public annollncement at 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 tbe Trustee's deed shall be prima facie evidence of the trutb 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 Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br /> <br />NEBRASKA-Single Family~Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 302!}J!O 1 <br />(page 6 af 7 pages) ~"() 5 w <br /> <br />Banker. Systom., Inc., St. Cloud, MN Form MD-'-NE 811712000 <br />