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<br />200709667 <br /> <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, <br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to <br />the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security <br />Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to <br />reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) <br />pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration <br />had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in <br />enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection <br />and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and <br />rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that <br />Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the <br />sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay <br />such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check <br />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 <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate <br />shall not apply in the case of acceleration under Section 18. <br />20. Sale of Notej Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in <br />the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. <br />A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due <br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the <br />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. If there is a change of the Loan Servicer, Borrower will be given written <br />notice of the change which will state the name and address of the new Loan Servicer, the address to which <br />payments should be made and any other information RESPA requires in connection with a notice of transfer of <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of <br />the Note, the mortgage loan servicing 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 <br />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 from 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 <br />compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time <br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable <br />for purposes of this paragraph. The notice of acceleration 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 <br />the 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 <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to <br />health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial <br />action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />condition that can cause, contribute to, or 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 <br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, <br />(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Nebraska Deed of Trust 3028 <br /> <br />NE DOT 01/01 <br /> <br />(Page 10 of 12) <br />