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<br />200707594 <br /> <br />Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security <br />Instrument. Thosc conditions are that Borrower: (a) pays Lcndcr all sums which then would be due under this Security <br />Instrument and the Notc as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; <br />(c) pays all expenses incurred in enforcing this Security Instrument, including, but not limitcd to, rcasonable attorneys' fees, <br />property inspection and valuation fces, and other fees incurred for the purpose of protecting Lender's interest in the Property <br />and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's <br />interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses <br />in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's chcck, 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 Security <br />Instrumcnt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right <br />to reinstate shall not apply in the ease of acceleration under 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) ean be sold one or more times without prior notice to Borrower. A sale might result in a <br />change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security <br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There 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 <br />Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan <br />Servicer, the address to which payments should be made and any other information RESPA requires in connection with a <br />notice of transfer of servicing. If thc Note is sold and thereafter the Loan is serviced by a Loan Serviccr othcr than the <br />purchaser of the Note, the mortgage loan scrvicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />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 Instrument, 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 <br />alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. <br />If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be <br />deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower <br />pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the <br />notice and 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, or wastcs by Environmental Law and the following substances: gasoline, kerosene, <br />other f1anunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos <br />or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where <br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any <br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the prcscncc, 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) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, usc, or rclease of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The prcccding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly givc Lcndcr 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 <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limitcd to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition causcd by thc <br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac lJNIFORM INSTRUMENT <br /> <br />ITEM 2698L10 (0011)-MERS <br /> <br />(Pate 10 of 12 pates) <br /> <br />{<'Orin 3028 1/01 <br />GREATLAND. <br />To Order Call, 1-800-530-93931. 1 Fax: 515-791-1131 <br />