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200804759
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Last modified
6/3/2008 1:38:22 PM
Creation date
6/3/2008 1:38:20 PM
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DEEDS
Inst Number
200804759
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<br />200804759 <br /> <br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time <br />prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained <br />in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of <br />Borrower's right to reinstate; or (c) entry ofa judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security <br />Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other <br />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 <br />incurred for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest <br />in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums <br />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: <br />(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided <br />any such check is drawn upon an institution whose deposits are insured by a federal agency, <br />instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this <br />Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial <br />interest in the Note (together with this Security Instrument) can be sold one or more times without prior <br />notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that <br />collects Periodic Payments due under the Note and this Security Instrument and performs other <br />mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. <br />There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there <br />is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the <br />name and address of the new Loan Servicer, the address to which payments should be made and any <br />other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold <br />and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the <br />mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a <br />successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the <br />Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either <br />an individual litigant or the member of a class) that arises from the other party's actions pursuant to this <br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed <br />by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with <br />such notice given in compliance with the requirements of Section 15) of such alleged breach and <br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective <br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, <br />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 <br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law <br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials; (b) "Environmental Law" means federal laws ana laws of the jurisdiction where <br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br /> <br /> <br />11111111111111111l1li <br /> <br /> <br />* M C M DOT * <br />Form 3028 1/01 (rev.6/02) (page 12 of 15 pages) <br /> <br />11111111111111111111111111111111111111111111111111111111I11I <br /> <br />* 3 0 0 0 0 3 1 269 * <br />NEBRASKA--Slngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Mortgage Cadence, Inc. @ 3027 02/06 <br />
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