200903932
<br />1f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
<br />not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums
<br />secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, bender may
<br />invoke any remedies permitted by this Security Instrument without further notice or demand an 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
<br />of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law
<br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument.
<br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
<br />Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expanses
<br />incurred in enforcing this Security Instrument, including, but not limited ta, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as [.,ender may reasonably require to assure that I.,ender's interest in the Property
<br />and rights tinder this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instntment, shall
<br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
<br />following forms, as selected by Lender: (a) cash; (b) rnoney order; (c) certified check, bank check, treasurer's check or
<br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
<br />instr~trmenlahty or entity; or (d) Elcctrnnic Eunds Transfer. lJpon reinstatement by Borrower, this Security Instrument and
<br />obligations secured hereby shall remain hilly 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; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Nate (together
<br />with this Security lnstrument) can be sold one ar more times without prior notice to Borrower. A salt might result 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 the Note, this Security Instrument, and Applicable I_.aw. 't'here
<br />also 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
<br />Servicer, Borrower will be given written notice of the change which will state the Warne and address of the new L.,oan Servicer,
<br />the address to which payrncnts should lx: made and any other information RESI'A 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 obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may a~ntmence, 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 lnstrument, until such Borrower or
<br />Lender has notified the other party (with such native given in compliance with the requirements of Section 15) of such alleged
<br />breach and afforded the other parry hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a t.inte period which must elapse before certain action can be taken, that time period will be deemed to
<br />be reasonable Poi purposes of this paragraph. The notice of acceleration and oppornnity 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 provisions of ibis Section 20.
<br />21. iazardous Substances. As used in this Section 21: (a) "Ilazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Envirommental l..aw and the: following substances: gasoline, kerosene,
<br />other flammable ar laxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials contarrrmg asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental I,aw" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environrncntal protection; (c) "Envirnnrnental 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 lo, 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 rln, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (h) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a 1-Iazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, ar storage nn the Property
<br />of small quantities of Hazardous Substances that are generally recognized fo be appropriate to normal residential uses and to
<br />maintenance of the 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
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br />Law of which. Borrower has actual knowledge, (b) 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 by the presence, use
<br />or release of a I lazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, or any private party, that any removal or other remediation of any hazardous Substance
<br />affecting the I'ropcrty is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any cibligation on Lender far an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. bender shall give notice to Borrower prior to accclcraCton following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
<br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (h) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default nmst be cured; and
<br />(d) ttrat failure to cure the default on or before the date specified in the nr-tice Wray result in acceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform $orrower of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a defarrlC 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 tirll of all sums secured by this Security Instrument without
<br />further demancl arul may invoke the power of sale and airy other remedies permitted by Applicable Law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasonable attorneys' 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 />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to
<br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, "Trustee shall give public
<br />notice of sale to the persons and in the manner prescribed by Applicable Law. 'Trustee, without demand on Borrower,
<br />shall sell the Property 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 parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
<br />of the Property by public announcement at the tune and place of any previously scheduled sale. Lender or its designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price hid, Trustee shall deliver io the purchaser Trustee's deed conveying the
<br />Property. The recitals in the Trustee'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 order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, including the payrnent of the 'T'rustee's fees actually incurred and reasonable attorneys' tees as
<br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or
<br />persons legally entitled to it.
<br />NEBRASKA---Single Family---Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 302 1/01
<br />Bankers Systems, Inc., St. Cloud, MN Form Mlhl-Nt 8/1 7/2000 Q>age 6 n/~7 ppger)
<br />
|