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<br />200707346
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<br />pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the
<br />termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
<br />Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;
<br />(b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
<br />but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose ofprotecting
<br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
<br />assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by
<br />this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or
<br />more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
<br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or
<br />(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
<br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
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<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this
<br />Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as
<br />the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
<br />Servicer unrelated to a sale of the Note. Ifthere is a change ofthe Loan Servicer, Borrower will be given written notice ofthe change which
<br />will state the name and address ofthe new Loan Servicer, the address to which payments should be made and any other information RESP A
<br />requires in connection with a notice oftransfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
<br />than the purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to
<br />a successor 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 the
<br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has
<br />breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other
<br />party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
<br />a reasonable period 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 of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
<br />Section 18 shall be deemed to satisfY the notice and opportunity to take corrective action provisions of this Section 20.
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<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or
<br />hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or
<br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
<br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to
<br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
<br />(a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or
<br />release of a Hazardous Substance, creates a condition that adversely affects the value ofthe Property. The preceding two sentences shall not
<br />apply to the presence, use, or storage on the Property of small qua~tities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer
<br />products ).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which
<br />Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or
<br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the 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, Borrower shall promptly take
<br />all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />Environmental Cleanup.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowcr's brcach of any
<br />covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law providcs
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from
<br />the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the
<br />date specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale ofthe Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date
<br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without 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 to,
<br />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 Property is
<br />located and shall mail copies of such notice in the manner
<br />prescribed by Applicable 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 ofsale to the persons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
<br />terms designated in the notice ofsale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all
<br />or any parcel 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 ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Propcrty. The
<br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the
<br />proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the
<br />payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums
<br />sccured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
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<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to re-convey the
<br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee
<br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation
<br />costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the
<br />Trustee) for services rendered and the charging of the fee is permitted under Applicable Law.
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<br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Page 6 of 7
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<br />Form 3028 1/01
<br />Borrower(s) Initials {~ ~
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<br />IDS, Inc. - (800) 554-1872
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