|
<br />200805068
<br />
<br />450808005
<br />
<br />by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br />remedies permitted 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;
<br />and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this
<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 federal 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. However, 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 partial interest in the Note (together
<br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in
<br />the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and
<br />performs 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 RESPA requires in connection with a notice oftransfer 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 loan
<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 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 other
<br />party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has
<br />notified the other party (with 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 action. If Applicable Law
<br />provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for
<br />purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the
<br />notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take
<br />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 toxic
<br />or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, 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 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 Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
<br />affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
<br />which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />Property (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 />
<br />NEBRASKA- Single Family --Fannie MaelFreddie Mae UNIFORM INSTRUMENT
<br />@i> 338.25 Page 9 of11
<br />
<br />Form 3028 1/01
<br />
|