|
~0o9o~2s3
<br />Ne3028.dol.xml
<br />must pay all sums secured by this Security Ir-stroment. If Borcower falls to pay These sums prior to the expiration of
<br />this period, Lender may invoke any remedies permitted by this Security Irlshvment without further notice or demand
<br />on Borcawer.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain cond#Nons, Borrower shall
<br />have the right to have enforcement of this Security instrument discontinued at any time prior to the earliest of: (a)
<br />five days before sale of the Property pursuant to any power of sale cantalned In this Security Instrument; (b) such
<br />other period as Applicable Law might specify for the termination of Bvrcgwer's right to reinstate; or (c) entry of a
<br />judgment enforcing this Security Instrument. Those conditlgns are that Borcawer: (a) pays Lender all sums which
<br />then would 6e due under this Security Instrument and the Note as if nq acceleration had occurred; (b) cures any default
<br />of any other covenants or agreements; (c) pays all expenses Incurced In enforcing this Security Instrument, including,
<br />but not limited to, reasonable attorneys' fees, property inspection and valuatlon fees, and other fees incurced for the
<br />purpose of protecting Lender's Interest in the Property and rights under this Secuflly Instrument; and (d) takes such
<br />action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security
<br />Instrument, and Borrower's obi#gation 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,
<br />as selected by Lender: (a) cash: (b) money order: (c) certified check, bank check, treasurer's check or cashier's check.
<br />provided any such check is drawn upa~n an institution whose deposits are insured by a federal agency, instrumentality
<br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
<br />secured hereby shall remain fully effecttve as if no acceleration had occurred. However, this right to reirutate shall
<br />not apply in the case of acceleration under $ectlon 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest rn the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borcawer. A sale might
<br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
<br />and this Security Instrument and perforrrrs other mortgage loan servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There also might be one ar moue changes of the Loan Servicer unrelated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Borrower will beg#ven written notice of the change which w#I#
<br />state the name and address of the new Loan SerWcer, the address to which payments should be madeand any other
<br />information RESPA requires #n eonnectign with a notice of transfer of servicing. if the Note rs sold and thereafter
<br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obllgatlgns
<br />to Borcower will remain with the Loan Servicer or be transferced tq a successor Loan Servicer andare not assumed
<br />by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, Join, ar be joined to any Judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
<br />alleges that the other party has breached any prwlsion of, or any duty owed by reasgn of, this Security Instrument,
<br />until such Borcower or Lender has notified the other party (with such notice given in compliance with therequtrements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
<br />can be taken, that lime period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borcawer pursuant to Section 22 and the notice of acceleration given
<br />to Borcawer pursuam to Section 18 shall be deemed to satisfy the notice and opportunity to take corcective action
<br />provisions of This Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, qr wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herb#ctdes, volatile solvents,
<br />materials containing asbestos or foumaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
<br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, nr
<br />otherwise trigger an EnvUonmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on ar in the Property. Borcower shall not dq, nqr allow anyone else
<br />to do, anything affecting the Property (a) that is In violation of any Environmental Law, (h) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, qr release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Prgperty. The preceding two sentences shall not apply to the
<br />presence, use, or storage nn the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property (including, but nqr limited to,
<br />hazardous substances hr consumer products).
<br />Borcower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited tq, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects thevalue of the
<br />Properly. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that
<br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions #n accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NEBRASKA--Single Family--Fannie Mae/Freddle Mac UNIFORM INSTRUMENT OocMapic Cl:~xnri:+5r 800.849.1382
<br />Fomr 3028 1/01 Page 8 of l l www.abcrosgk.com
<br />
<br />~~
<br />
|