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<br />200800434
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<br />DOC ID #: 00018688802812007
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<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"
<br />means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond
<br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower
<br />at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person
<br />and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate
<br />payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such
<br />exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
<br />less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay an sums
<br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
<br />any remedies permiued by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of
<br />the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might
<br />specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those
<br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if
<br />no acceleration 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 and valuation fees,
<br />and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and
<br />(d) takes such action as Lender may reasonably require to assure Ihat Lender's interest in the Property and rights under Ihis
<br />Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms. as selected by
<br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
<br />drawn upon an institution whose deposits are insured by a [ederal agency, instrumentality or entity: or (d) Electronic Funds
<br />Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as
<br />if no acceleration had occurred. Ilowever, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a parllal interest in the Note (together with
<br />this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the
<br />entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and
<br />perfornlS other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also
<br />might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
<br />Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to
<br />which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If
<br />the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage lOa!}
<br />servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
<br />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 individuallitiganL or the
<br />member of a class) that arises from the other party's actions pursuanl to this Security Instrument or that alleges that the other party'
<br />has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has nolified
<br />the other party (with such nOLice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
<br />other party hereto a 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. Lhallime period will be deemed Lo be reasonable for purposes of this
<br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to saLi<;fy the notice and opportunity Lo take corrective
<br />action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic
<br />or hazardous substances. pollutant<;, or wasLes by Environmental Law and the following substances: gasoline. kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and berbicides. volatile solvents. materials containing asbestos or
<br />formaldehyde. and radioactive materials; (b) "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 thai can cause. contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, sLorage, 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
<br />Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condllion, or (c) which, due to the
<br />presence, use, or release of a Hazardous Substance, creates a condilion that adversely affects the value of the Property. The
<br />preceding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(including, but not limited to, hazardous substances in consumer 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
<br />which Borrower has actual knowledge. (b) any Environmental Condition. including but not limited to, any spilling. leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of
<br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns. or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property
<br />is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein
<br />shall create any obligation on Lender for an Environmental Cleanup.
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<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 breach
<br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable
<br />Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not
<br />less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to
<br />cure the default on or hefore the date specified in the notice may result in acceleration of the sums secured by this Security
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<br />M Deed of Trust-NE
<br />2006A.NE (06/07)
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<br />Page 7 of 9
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<br />Form 30281/01
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