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<br />200705550 <br /> <br />If Lender exercises this option, Lender shall give Borrower not.ice of ~ccelerali~lI1.. The !lolice shall provide a period of <br />not less than 30 days from the date the notice is given in accordanct wIth StC~lOn 15 wlllun .Wh.ICh Born~wtr n.mst pay all sums <br />securtd by this Security Instnllntn~. If Bo.rrowtr fails to pay th~sc sums poor to tht expll'allon of llus penod, Ltndtr may <br />invoke any remtdies permitted by this Stcunty Instrument wllhout 1111thtr notice or dtmand. on Bor~~wer. <br />19. Borrower's Right. to Reinstate After Accelerali(~n. If Borrow~r mee~s certam con~lllOns? Bor~'owtr shall ~lave tht <br />right to have tnforctlllent of this Security Instrument discontlllutd at aIlY tHue pnor to tht earhtst of: (~) hvt days .before sale <br />of the Property pursuant to any powtr of salt containtd in this Se::curity Instnll.nt~lt; (Il) such ~)th~r per~od as ~pphcable Law <br />might specify for tht termination of Borrower's right to rtlllstate; .or (c) entry 01 a Judgment entol:cll~g llll~ Secunty Instrument. <br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under tillS Sewnty Instrument and the <br />Note as if no acceleration had occurred; (b) cures any default of any other covtnants or agretments; (c) pays all eXptllStS <br />incurred in enforcing this Security Instrument, including, but not li~nited to, reasc~nablt at.torneys'. fees, propert~ insptclion aJ~d <br />valuation fee::s ami other ftts incurrtd for the purpose of prottetll1g Lender's lllttre::st III tht Property and nghts under tillS <br />Security IrlStn;ment; and (d) takes such action as Lender may ~ea~onahly rel.juire to assure that L.em~er',s int~rest in the Property <br />and rights under this Security Instrument, and Borrower's obllgatlon to. pay the sums secured by llllS St?unty Instrument, ~hall <br />cCHltinut unchanged. Lendtr may require that Borrower pay such rtll1statemt!l.~ sums and expenses m ont or mort of the <br />following forms, as stlccte::d by Lender: (a) cash; (b) money order;. (c) cerllhtd che?k, ban~ chtck, treas~rtr's chtck or <br />ca~llier' s check, provided any such chtck is drawn upon an institut.wn whose dtpOSltS are Ins~n.tc~ by. a federal agency, <br />instrumentality or entity; or (d) Elt:ctronic Funds Transfer. Upon remstatelllCllt by Borrower, llus ~tC~lflty Inst~ument and <br />obligatiun~ ~ecured hercby shall remain hIlly effective as if no accderalioll had occurt'td. However, thiS nght to remstate shall <br />not apply in tht cast of acct:/eration u.llder Stction.18. . ., . , , .'. . _' .. <br />20. Sale of Note; Change of Loan Sel"Vlcer; Notice of t.....evance. 1 he:: Nott or a parllal mterest III the Note (togtther <br />wilh Ihis Security ln~trullle::nt) can be sold one or more times without prior notict to Borrowe::r. A salt might result in a change <br />in tht tntity (known as the ';l,oan Servicer") that collects Periodic Paymtnts due undtr tht Note and this Security Instrument <br />and performs other mortgage:: loan scrvicing obligations nnder the Nott, this Security ltlStrument, and Applicablt Law. There <br />also might be ont or more changts of the Loan Strvicer unrelated to a sale of Ihe Note. If there is a changt of tht Loan <br />Servicer, Borrower will bt given written notiet of Ihe change which will state the namt and address of tht ntw Loan Servictf, <br />the address to which paymcnts should bt made and any othtr information RESPA rec!uires in connection with a notice of <br />transftr of servicing. If the Note is sold and thereafttr thc Loan is serviced by a Loan Servicer other Ihan the purchaser of the <br />Note, the mortgage loan servicing obligations to Borrowtr will remain with the Loan Servicer or be transftrrtd to a successor <br />Loan Servicer and art not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neithtr Borrowtr nor Lender may con1111tnCe, join, or bt joined to any judicial action (as either an individual litigant or <br />the l11e::mber of a class) that arises from the other party's actions pursuant to this SecllJity Instrument or that alleges that tht <br />other party has breached any provision of, or any duty owed by reason of, this Stcurity lnstrumtnt, until such Borrower or <br />Lender has notified Ihe other party (with such notice givtn in Cllrupliance with the requirements of Section 15) of such alleged <br />breach and affordtd tht other party hertto a reasonable period after tht giving of such notict to take corrcclive action. If <br />Applicable Law providcs a time ptriod which must elapse bdore certain action can be taken, that time period will be deemed to <br />he reasonablt for pllJpOSCS of this paragraph. Tht nolice of acceltratioll and opportunity to cure given to Borrowtr pursuant to <br />Stction 22 and tht notice of acceleration givtn to Borrowcr pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to takt correctivc action provisions of this Section 20. <br />21. Hazardous Substances. As lI~ed in this Section 2l: (a) "Hazardous Substancts" art thost substancts ddined as <br />toxic or hazardous ~ubstallce::s, pollulants, or wastes by Ellvironrntlltal Law and tht following substances: gasoline, kerosene, <br />othe::r flammable or toxic petroleum products, toxic pesticides and herbicidts, volatilt solvents, materials containing asbestos or <br />formalddryde::, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, ~afcty or cnvinllunelltal protection; (c) "Enviromuental Cleanup" includes any rtsponst <br />action, renmlial action, or removal actioll, as defintd in Environmtntal Law; and (d) an "Enviromnental Condition" means a <br />condition that can caust, contribute to, or otherwise:: trigger an Environmental Cltanup. <br />Borrowe::r ~hall not cause or permit tht prtsence, use, disJlosal, storage, or relea~e of any Halardou~ Substances, or <br />threaten to release any Hazardous Substance::s, on or in the Properly. 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 crtatts an Environmental <br />Condition, or (c) which, due to the pre~ence, use, or relea~e of a Hazardous Substance, crtatts a condition that adversely <br />affects tht valut of the Property. The preceding two stnttncts shall not apply to the prescnce, use, or storage on the Property <br />of small quantities of Ilazardous Substances that are gencrally rtcogniztd to be appropriate to normal residential uses and to <br />mainttnance of the Property (including, but not limittd to, hazardous substances in consumer products). <br />Borrower shall promptly give Lmdcr written notict of (a) any investigation, claim, demand, lawsuit or other action by <br />any govtnuutntal or rtgulatory agtncy or priValt party involving the Proptrty and any Hazardous Substanct or Enviroml1tntal <br />Law of which Borrower has actual knowledge, (b) any EnvinllHnental Condition, including but not limited to, any spilling, <br />ltaking, discharge, releast or threat of rclcase of any Hazardous Substance, and (c) any condition caused by the prtstnct, USt <br />or releasc of a Hazardous Substancc which adversdy affects the value of tht Property. If Borrower learns, or is notifitd by any <br />governmental or regulatory authority, or any private party, Ihat any rtmoval or olher rcmcdiation of any Hazardous Substance <br />affecting the Property is ntces~ary, Borrower shall prompLly take all necessary remedial actions in accordanct with <br />Enviromuental Law. Nothing hertin shall crtatt any obligation on Ltnder for an Environmtntal Cleanup. <br /> <br />NON-UNIFORM COVENAN'fS. Borrowtr and Ltndtr furthtr covenant and agrtt as follows: <br />22. AcceleraHon; Remedies. Lender shall give noticc to Borrower prior to acceleration following Borrower's <br />breach of any covenant 01' agreement in this Security Instnllnent (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) Ule default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date tht notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on 01' before the date specified iu the notice may result in acceleration of the sums <br />secured by this Security Instrument and salt of the Property. The notice shall further inform Uorrower of Hie right to <br />rdll~tate afttr acceleration and the right to bring a court adion to assert Hre non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the defanlt is not cured on or befOl'e the date specified in the notice, <br />Lende.' at its option may require immediate I)aymcnt in full of all SUIllS 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 coiled all expenses incuned in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonablt 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 prescrihed by Applicable Law to Bon'ower and to <br />the other persons prescribed by Applicable Law. After the time required by AllpIicable Law, Trustee shall give public <br />llolice of sale to the persous and in the manner prescribed by Applicahle Law. Trustee, without demand 011 Borrower, <br />shall sell the Property at public auction to the highest bidder at the limt and place and uudt., the terms designated in the <br />nolice of sale in one or mort parcels and in any ordc.. Trustee determines. Trustee lIIay po~tpone sale of all 01' any' parcel <br />of the Property by public announcement at the lime and place of any previously scheduled sale. Lender or Its designee <br />may purchase the IJroperty at allY sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the Imrchaser Trustee's deed conveying the <br />Property. The recUals in the Trustee's deed shall be prima facie evidcnce of HIe truth of the statements made thereill, <br />Trustee shall apply the procetds 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 ineuned and reasonable attorucysl fees as <br />permUted by AIJplicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />ptrsons legally entUled to it. <br /> <br />NEBRASKA~Single Farnily~Fanni8 Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 <br /> <br />Bankers Systerns, Inc.. St. elmlQ, MN Form MD-l-Nt: 81l1J2000 <br /> <br />(page 6 (if 7 pages) <br />