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<br />200702602
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<br />judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which
<br />then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
<br />default of any other covenants or agreements; ( c) pays all expenses incurred in enforcing this Security Instrument,
<br />including, but not limited to, reasonable attorneys' fees, property inspection and valuation lees, and other fees
<br />incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and
<br />(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights
<br />under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
<br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of
<br />the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
<br />federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
<br />Security Instrument and obligations secured hereby shall remain fully effective as ifno acceleration had occurred.
<br />However, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice ofGl"ievance, 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 sale
<br />might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the
<br />Note ~nd this Security Instru':!1ent and performs-other.mortgage loan servicing obli~ations under. the Note, this
<br />Security Instrument, and Appheable-Law;- There also mtghthe one or more changes oHhe Loan SerViceI' unrelated to
<br />a sale ofthe Note. Ifthere IS a changeofthe Loan SerVICeI', Borrower will be given written notice of the change
<br />which will state the name and address ofthe new Loan ServiceI', the address to which payments should be made and
<br />any other infornifltion RESPA requires in connection with a notice ortransfer ofservicll1g. Ifthe Note is sold and
<br />therealler the LoluMs-iervlced by a Loan ServiceI' other than the purchaser ofthe Note, the mortgage loan servicing
<br />obligations to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not
<br />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 trom 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 compliance
<br />with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
<br />after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse
<br />before certain action can be taken, that time period will be deemed to be reasonable for purposes ofthis paragraph.
<br />The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfY the notice and opportunity to take
<br />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 defined
<br />111 Environmental Law; and (d) an "Environmental CondItion" means a condition that can cause, contribute to, or
<br />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, anythin~ affecting the Property (a) that is in violation of any Environmental Law, (b) which creates
<br />an Environmental ConditIon, or (c) which, due to the presence, use, or release ofa Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Prorerty of small quantities of Hazardous Substances that are generally recognized to
<br />be appropriate to normal residentia uses and to maintenance ofthe Property (including, but not limited to, hazardous
<br />substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental 01' regulatory agency or private party involving the Proper!>, and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnVironmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release 01' threat of release of any Hazardous Substance,
<br />and (c) any condition caused by the presence, use or release of al-lazllrdous Substance which ndversely affects the
<br />value ofthe Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
<br />party, 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, Nothing herem
<br />shall create any obligatIon on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Accele..ation; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Bo....ower's b..each of any covenant or agreement in this Security Instl'ument (but not pl'io.. to acceleration
<br />undel'Section 18 unless Applicable Law provides otherwise). The notice shall specity: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Bo..rowe.., by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
<br />right to bring a court action to assert the non-existence of a default or anr. other defense of Borrower to
<br />acceleration and sale. Uthe default is not cured on or before the date speCified in the notice, Lender at its
<br />option may requi..e 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.
<br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
<br />including, but not limited to, reasonable attorneys' fees and costs oftitle evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any
<br />pa..t of the Property is located and shall mail copies of such notice in the manner prescl"ibed by Applicable
<br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shall give public notice of sale to the pe..sons and in the manner p..escl"ibed by
<br />Applicable Law, T..ustee, without demand on Borrower, shall sell the Property at public auction to the
<br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br />pa..cels and in any OI"der Trustee determines. Trustee may postpone sale of all 0.. any pa I"cel of the Prope..ty
<br />by public announcement at the time and place ofany previously scheduled sale. Lendel' or its designee may
<br />purchase the Propel'ty at any sale,
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br />conveying the Propel'ty. The I'ecitals in the Trustee's deed shall be prima facie evidence of the t..uth ofthe
<br />statements made therein. Trustee shall apply the proceeds oftlle sale in the following orden (a) to all costs
<br />NEllIlASKA-.Single Fnmily--Fallllie Mae/Freddie Mae IJNIFORM INSTIUJMENT Form 3028 1/01 (page 7 of8 pages)
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<br />17213.CY (3/06)
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<br />01-2112
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