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<br />200707073 <br /> <br />If Lender exercises this option, Lender shall give Borrower not.ice of ~ccelerati(?n.. The .notice shall provide a period of <br />not less than 30 days from the date the notice is given in accordance with Sec~llm 15 wIlhm .wh.lch B(~ffl~wer ~ust pay all sums <br />secured by this Security Instrument. If Borrower fails to pay th~se sums pflor to the explralion of thiS peflod, Lender may <br />invoke any remedies permitted by this Security Instrument Without further notice or demand. on Borr?wer. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certam con~ltlons! Bor~.ower shall ~ave the <br />right to have enforcement of this Security Instrument discontinued at any time prior to the earhest of: (~) ftve days .before sale <br />of the Property pursuant to any power of sale c(~ntained i~ this Security Instru~ne~t; (b) such ~)th~r per~od as ~pphcable Law <br />might specify for the termination of Borrower's fight to remstate; ,or (c) entry of a Judgment ento~cmg till~ Secuflty Instrument. <br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under thiS Secunty Instrument and the <br />Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreefl.lents; (c) pay~ all e~penses <br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable at~orneys' tees, propertJ: mspectlOn a~d <br />valuation fees and other fees incurred for tilt; purpose of protecting Lemler's interest m the Property and fights under thiS <br />Security Instn:ment; and (d) takes such action as I,ender may reasonably require to assure that Len~er',s int~rest in the Property <br /><lnd rights under this Security Instrument, and Borrower's obligation to. pay the sums secured by thiS Se~unty Instrument, shall <br />continue unchanged, Lender may require that Borrower p<lY such remst<ltement sums and expenses m one or more of the <br />following forms, as selccted by Lender: (a) cash; (b) moncy .ord~r;, (c) certified che~k, ban~ check, treas~rer's check or <br />cashier's chcck, provided any snch check IS drawn upon an mstllllt.lOn whosc depOSits arc ms~red by, a federal agency, <br />instrumentality or entity; or (d) Electronic Funds Transfer. Upon remstatement by Borrower, thiS ~ec~nty Inst~ment and <br />obligations secured hereby shall rcm<lin fully effective as if no acceleration had occurred. However, thiS fight to remstate shall <br />not apply in the case of <lcceleration under Section 18.. ." . <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a parl1al mterest m the Note (together <br />wilh this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in Ihe entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument <br />ami performs other mortgage loan scrvicing obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might bc one or more changes of tbc I,oan ServiceI' unrelated to a sale of the Note. If there is a change of the Loan <br />ServiceI', Borrower will be given written notice of the change which will st<lte the name and <lddress of the new Loan Servicer, <br />Ihc <lddress 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 ServiceI' or be transferred to a successor <br />Loan ServiceI' and arc not assumed by the Note purchaser unless otherwise provided by the Note pureh<lser. <br />Neither Borrower nor Lender m<lY commence, join, or be joined to any judicial action (<lS either an individual litigant or <br />the member of a c1<lss) that arises from the other party's actions pursu<lnt to this Security Instrument or that alleges that the <br />other p<lrty has breached any provision of, or any duty owcd by reason of, this Security Instrument, until such Borrower or <br />Lender h<lS notified the other party (with such notice given in compli<lnee with the requirements of Section 15) of such alleged <br />breach <lnd afforded the other party hereto a reasonable 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 <lcccleration 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 t<lke corrcctive action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (<l) "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 flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive m<lteri<lIs; (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" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />condition that can cause, contributc to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not causc 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) th<lt is in viol<ltion of <lny Environmental Law , (b) which creates an Environmental <br />Condition, or (c) which, due to thc presence, use, or rcle<lse of <l Haz<lrdous Suhst<lnce, creates a condition that adversely <br /><lnects the V<lluc of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small 4uantities of Hazardous Substances that are generally recognized to be <lppropriate to normal residential uses and to <br />m<linten<lnce of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give I _ender written notice of (a) any investig<ltion, claim, demand, l<lwsuit or other <lction by <br />any governmental or regulatory agency or private party involving the Properly and any Hazardous Subst<lnce or Environment<ll <br />(,aw of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or thrcat of release of any H<lz<lrdous Subst<lnee, <lnd (c) any condition caused by the presence, use <br />or release of a Hazardous Substancc which adversely <lITccts the v<llue of the Property. If Borrower learns, or is notified by any <br />governmenlal or regulatory authority, or any private p<llty, th<lt any removal or other remediation of any Hazardous Subst<lnee <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedi<ll actions in accordance with <br />Environmental L<lw_ Nothing herein shall create any obligation on Lendcr for <In Environmental 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 />brea(~h of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The J10tice 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 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 />J'einstate after acceleration and the right to bring a court action to assert the non-existence of a default or any 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 any other remedies permitted by Applicable Law. Lender shall be <br />entitled to coiled all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonable attorneys I 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 manner prescribed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Property 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 any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement 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 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 Law; (b) to all sums secured by this SL'Curity 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 />B~nl(f~f~ SyslmTls, Inc., 51. Cloud, MN t-oml MD-l-NE 8/17/2000 <br /> <br />Form 3028 1/01 <br />(page 6 of 7 pages) ~ <br />