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, . 200901401 judgment enforcing this Sec.urity ln~trument. Those conditions art: that Borrower: (a) pays Lender all sums which then would be due under this Security Instlllment and the Note as lf no acceleration had occurred; (b) cores any ~efau1t of any other ~oyenants or agreements; (c) pays all expenses i!lcurreq in enforcing this Security Instmment, ~ncludtng, hut not ltmlted to, reasonable attorneys' fees, property inspection and valuation fees, and other fces lllcurred for the pl!rpose of protecting Lender's interest in the Property and rights under this Security hlStnunent; and (d) take~ such a~tlon as Lender may reasonably require to assure that Lender's interest in the Property and rights und~r this SecurIty 111strument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall con~ue U!1changed Lender may require that Borrower pay such reinstatement .sums and expenses in one or more of the tollowmg fOlTIlS, as selected by Lender: (a) cash; (b) money order; (c) certIfied check, bank check, treasurer's ,-:heck or cashier's check, pr~)Vided ~y such check is ~aWl1 upon an institution whose deposits are insured by a fedenl;l agency, Il1strumentahtyor entIty; or (d) ElectrOniC Funds Transfer. Upon reinstatement by Borrower, this SeCU!lty Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tlus right to reinstate shall not apply in the case of acceleration under Section 18. 20, Sale of Note; Change of Loan Servicer; Notice of Grievance. Tile Notc or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, thls Security Instrument, and Applicable Law. There also mi~ht be one or more changes of the Loan Servicerunrelated to a sale of tile Notc. If there IS a change of the Loan ServICer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which pa~rnents should be made and any other infornlatioll RESP A requires in connection widl a notice of transfer of servicmg. If the Note is sold lInd thereafter the Loan is serviced by a Loan Servicer other than the purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain with the LOall Servicer or be transferred to a successor loan Servicer and are not assumed by the Notc purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of sm:h alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this para~ph. TIle notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfY the notice and oppommity to take corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" arc those substances defined as toxic or bazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes anyresponse action, remedial action, or removal action, as defmed III Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger all Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower sballnot do, nor allow anyone else to do, anythin~ affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Enviromllenlal ConditIOn, or (c) which, due to the presence, use, or release of a Hazardous Substance, creatcs a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to thc presence, use, or storage on the Property of small quantities of Hazardous Substances that are generallyrecognized to be appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substallCCS ill consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envrronment'.ll Condition, including but not limited to, any spilling, I,eaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by tile presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that an)' removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental [aw.. Nothing herem shall create any obligation on Lender for an Environmental Cleanup. NON-IJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breacb of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) tbe default; (b) the action required to cure the default; (c) a date, Dot less tbllJl 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale of the Property. The notice shall further infonn Borrower ofthe ridtt to reinstate after acceleration and the right to bring a court action to assert the non--existence of a default or any otber defense of Borrower to llcceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without futther demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs oftitJe evidence. If the power of sale is invoked, Trustee sball record a notice of default In each county in which any part ofthe Property is located and sball mail copies of such notice in the manner prescribed by ApI?Iicable Law to Borrower and to the other persons prescribed by Applicable Law. Mter the time reqUired by Applicable Law, Trustee sbaD give public notice of sale to the persons aDd in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, sball sell the Property at public auction to the bighest bidder at the time and place and under the terms designated in the norice of sale in one or more parcels and in any order Trustee detennlnes. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale, Lender or its designee may purchase the Property at any sale. Upon I'eceipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs NEBRASKA-Singl.e Family-Fannie Mae/Freddie Mae UNIFORM INSTRIJMENl' Form 3028 1/01 (page 7 (lI8 pugesj 17211CV (3106) 03-1064 Creative "Thinking, Jnc. GOTQ(llOl46D.)