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<br />200901393
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<br />I f I _ender. exer~i~e~ this option, Le':lder, ~h~ll gi:,e Borrower notice of acceleration. The notice shall provide a period of
<br />not less than ~() ~ays ~rolll the date the pOlice IS glvel.] III accordance with Section 15 within which Borrower must pay all sums
<br />~eeured by thIs ~ccunty !nstrumcn~. !f Ho.rrower jall~ to pay these sums prior to the expiration of this period, Lender may
<br />IIlvoke any remedle~ pernutted by thiS Secunty IIl~trument without further notice or demand on Borrower,
<br />19, Borrower's Right to Reinstate After Acceleration, If Borrower meet~ cettain conditions, Borrower shall have the
<br />ri~ht to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale
<br />of,the Pro~~rty pursuantt.o a~y po~er of sale c~ntained i,n this Security Instrument; (b) such other period as Applicable Law
<br />~~Ight specl!~ for the tennlIlatJon of Borrower's nght to relllstate; or (c) entry of a judgment enforcing this Security Instrwnent.
<br />I hose co~~:htlons arc th~t Borrower: (a) pays Lender all swns which then would be due under this Security Instrwnent and the
<br />~ote as ~1 noacc,elerat~on, had. occurred; (h) ~ures ~ny default or ~ny other covenants or agreements; (c) pays all expenses
<br />lIlcurr~d luenforclllg thiS S.ecur~ty Instrul~lent, IIlcludlllg, but not Inmted to, reas~nable attorneys' fees, property inspection and
<br />valuatIOn fees, and other fees IIlcurred for the purpose of protecting Lender's mterest in the Property and rights under this
<br />Secur,ity Instrument;; a!ld (~) takes such action as Lender, may ~ea~onahly require to assure that Lender's interest in the Property
<br />and ,nghts undertlllS Secunty Instrume~t, and Borrower s obhgaLJon to pay the ~UI1lS secured hy this Security Instrument, shall
<br />contmue unchanged. Lender may reqUire that Borrower pay ~uch reinstatement sums and expenses in one or more of the
<br />following fonns, a~ selected by Lender: (a) cash; (b) money order; (c) certified check, hank check, treasurer's check or
<br />cashier's check, provided any such check is drawn upon an institution whosc deposits arc insured hy a federal agency,
<br />instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement hy Borrower, this Security Instrument and
<br />obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall
<br />not apply in the case of acceleration under Section 18.
<br />.20. Sale of Note;._CIuwge oLLoan Sarvicel'; Netice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security Instrwnent) can he sold one or more times without prior notice to Borrower. A sale might re~ult in a change
<br />in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument
<br />and performs other mortgage loan servicing obligations under thc Note, this Security Instrwnent, and Applicable Law, There
<br />also might he one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,
<br />the address to which payments should be made and any other information RESPA requires in connection with a notice of
<br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
<br />Note, the mortgage loan servicing ohligations (0 Borrower will remain with the Loan Servicer or be transferred (0 a successor
<br />Loan Servicer and arc not assUlned by lhe Note purcha~er unless otherwi~e 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
<br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
<br />I _ender has notified the other parry (with such notice given in compliancc with the requirements of Section 15) of such alleged
<br />hreach and afforded the other party hereto a reasonahle period after the giving of such notice to take corrective action. If
<br />Applicahle Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to
<br />be reasonable for purposes of this paragraph, The notice of acceleration and opporrunity 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 the notice and
<br />opportunity to take corrective action provision~ of this Section 20,
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Suhstances" are those suhstances defined as
<br />toxic or hazardou~ ~uh~tance~, pollutants, or wastes by Environmental Law and the following ~uh~tances: gasoline, kerosene,
<br />other Ilammablc or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ashestos or
<br />fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and law~ of the jurisdiction where the
<br />Property is located that relate to health, safely or environmental pro(Cction; (c) .. Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, a~ defined in Environmental Law; and (d) an "Environmental Condition" lnean~ a
<br />condition that can cause, contribute to, or otherwise triggcr an Environmental Cleanup,
<br />Borrower shali not cau~e or pertnit the presence, use, disposal, storage, or relea~e of any Hazardous Suh~tance~, or
<br />threaten to relea~e any Ilazardous Substances, on or in the Property, Borrower ~hall not do, nor allow anyone el~e 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, use, or release of a Hazardous Suhstance, create~ a condition that adversely
<br />affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Properly
<br />of ~ll1all quantities of Hazardous Substances that are generally recognized to he appropriate to normal residential uses and to
<br />maintenance of the Property (including, hut not limited to, hazardous substances in consumer products).
<br />Ilorrowcr ~hall promplly givc Lender wriHen notice of (a) any investigation, claim, demand, law~uit or other action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envirol1lnental
<br />Law of which Borrower has actual knowledgc, (h) any Environmental Condition, including but not limited to, any spilling,
<br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused hy the presence, use
<br />or release of a Ilazardous Sub~tance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />govermnental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any ohligation on Lender for an Environmental Cleanup.
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<br />NON-UNIFORM C:OVENANTS. 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
<br />breach of any covenant 01' agreement in this Security Instrument (but not prior to accelel'ation under Section 18 unless
<br />Applicable Law provides othel"wise), The notice shall specify: (a) the default; (b) the action requh'ed to cure the default;
<br />(c) a date, not less than 30 days fl'om the date the notice is given to Borrower, hy which the default must be cured; and
<br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
<br />secm'ed by this Secmity Instmment and sale of the Property, The notice shall fm1her inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a cOln1 action to assert the non-existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Secul"ity Instrument without
<br />fm1her demand and-may -invoke the power of salt' ~ll1d auy other remedi,~s permitted by Applicable Law. Leudel' shall be
<br />entitled to collect all expenses incun'ed in pursuing the l'emedies pl'Ovid(~d in this Section 22, including, but not limited
<br />to, reasonable attomeys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br />Propel1y is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
<br />the other persons prescl"ibed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
<br />notice of sale to the pel'sons and in the manner prescl"ibed by Applicable Law, Trustee, without demand on BOrI'OWel',
<br />shall sell the Pl'Operty at public auction to the highest bidder at the time and place and under the terms designated in the
<br />notice of sale in one or more pal'cels and in any order Trustee determines, Trustee may postpone sale of all or any parcel
<br />of the Property by public announcement at the time and place of any previously scheduled sale, Lender or its designee
<br />may purchase the Propel1y at any sale.
<br />Upon receipt of payment of the pl"ice bid, Trustee shall deliver to the purchasel' Trustee's deed conveying the
<br />PI'opel1y, The recitals in the Tmstee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the following ordel': (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attomeys' ees as
<br />permitted by Applicable Law; (b) to all sums secured by this Security Instmment; and (c) any excess to the er or
<br />persons legally entitled to it.
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<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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<br />Bank.rs Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000
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