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~oo9osiss <br />if Louder exercises this option, Louder shall give Borrower notice oC acceleration. The notice sha.li provide a period of <br />not less than 3() days from the date the notice is given i.n accordance with Section 15 within which Borrower must. pay all Burns <br />secured by this Security Iust.rurnent. 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 dcrnaud on I~orrower. <br />19. Borrowet's Right to Reinstate After Acceleration. If Borrower meets certain conditions, I-3rrower shall have t.hc <br />right. to have euforcemeut. of Ibis Security lnslrutneul. discontinued at any tune prior to the earliest of: (a) five days before sale <br />of the Properly pursuant Ul any power of sale contained iu I.his Security lnstrurrtent.; (b) such other period as Applicable Law <br />ruight specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security lustrumeul. <br />Those conditioLs are that Borrower: (a) pays Louder all sums which then would be due under this Security lnstrurnent. and the <br />Note as if no acceleration had occurred; (h) cures arty default of any ocher coveuant.s or agreements; (c) pays all expenses <br />incurred in enforcing this Security instrument, including, but not limited to, reasonable al.t.orneys' fees, property inspection a.nd <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 Leudcr may reasonably require to assure that. Leader's interest iLt the Properly <br />and rights under this Security Instrument, and Borrower's obligation to pxy the sums secured by this Security Instrument, shall <br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or morn of the <br />following forms, as selected by Louder: (a.) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an iuslit.ut.ion whose deposits arc insured by a federal agency, <br />inslrumeulalit.y or eut.ity; or (d) Electronic Funds 'Transfer. Upon rciustatemcnt by Borrower, Ibis Security instrument and <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right. t.o reinstat.e shall <br />not apply in the case of accclcration under Section 18. <br />20. Sale of Note; Change of Loan Services; Notice of Grievance. The Note or a partial interest iu Wc. Note (tog,ether <br />with this Security lustrutment) can he sold Otte or more tunes without. prior notice to Borrower. A sale might result. in a. change <br />in the entity (known as the "Loan Services") that collects Periodic Payments due under the Note and I.his Security Instrument <br />and performs other mortgage ]Dart servicing obligations under the Note, this Security Insl.rurrreut, and Applicable Law, 'There <br />also might. be one or snore changes of the Loau Services unrelated to x sale of the Note, If there is a change of the Loan <br />Services, Borrower will be given written notice of the change which will state the name and address of the new Loau Services, <br />the address to which pa.ymeuls should be made and any other iufornatiou RESPA requires in connection with a uot.ice of <br />transfer of servicing. if the Note is sold and thereafter the Loau is serviced by a Loan Services other than the purchaser of the <br />Note, Lhe ntnrlgage luau servicing obligations Lo Borrower will remain with the Loau Services or be transferred to a successor <br />Loau Services and are not. assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may continence, .join, or be ,joined to any judicial action (as citlter an individual litigant or <br />the member of a class) that arises from the other party's a.clions pursuant to this Security Instrument or that. alleges shat. the <br />other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or <br />Lender has notified the other parl.y (wit.h such notice given iu compliance with the requirements of Section 1S) of such alleged <br />breach and afforded llte other party hereto a reasonable period after the giving of such notice to take corrective action. l.f <br />Applicable Law provides a tune period which must elapse before certain action can be taken, that. tune period will be deemed to <br />be reasonable for purposes of this paragraph.. The notice of acceleration and opportunity to cure given t.o Borrower pursuant to <br />Section 22 and the notice of accclcration given to Borrower pursuant to Section 18 shall he deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 2(1. <br />21. Hazardous Substances. As used in this Section 21: (a) "hazardous Substances" are I.hose substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Buviromnenta.l Law and the following subst.auces: gasoline, kerosene, <br />other flarttinable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, rttaterials conlainiug asbestos or <br />formaldehyde, and radioactive tttat.erials; (b) "Euviromneutal Law" means federal laws and laws of the jurisdicliou where the <br />Property is loca.l.ed shat relate to health., safety or enviroumeutal protection; (c) "Enviromnenlal ('lea.uup" includes any response <br />action, remedial action, or removal action, as defined iu Environmental Law; and (d) an "Environmental (.onditio~t" means a <br />condition that can cause, contribute to, or otherwise trigger an lnvironmental (:lexnup. <br />Borrower shall not. cause or permit the presence, are, •disposal, storage,- or rcleasc ol" any Hazardous Substances, or <br />threaten to rcleasc any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else t.o do, <br />anything affecting the Property (a.) that. is iu violaliou of any Environmental Law, (b) which creates au Enviromneutal <br />(oudiliou, or (c) which, due to Lhe presence, use, or release of a Ilazardnus Substance, creates a. condition that adversely <br />affects the value of the Property. The preceding Lwo seulences shall uol. apply to Lhe presence, use, or st.oragc on the Property <br />of srrta.ll quant.it.ies of Iazardous Substances that are generally realguized to he appropriate I.o uortnal residential uses and to <br />maiuteuauce of Lhe Property (including, but uat ]'united to, hazardous substances in consumer products). <br />Borrower shall prorttptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any govermneutal or regulatory agency or private parry involving the Property and any hazardous Substance or >!Itvirottrttctttal <br />Law of which Borrower has actual knowledge, (h) aLty l;uvironrnenlal (,onditinu, including but not. Liutited to, any spilling, <br />leaking, discharge, release or threat. of release of any Ilaza.rdous Substance, and (c) a.uy condition caused by the presence, use <br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any <br />governLneutal or regulatory authority, ar any private party, that any rcrnclval or other remediatioLt of any llaza.rdous Substance <br />affecting the Property is necessary, Borrower shall promptly lake a.ll accessary remedial actions in accordance with <br />Enviromnenta.l Law. Nothing herein shall create any obligation on Lender for au Enviromnenlal Cleanup. <br />N(7N-iJNiT'ORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following $orrower's <br />breach of any covenant os agreement in this Security Instrument (but not pt7os to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to $orrower, by 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 />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 default or any other <br />defense of $orrower 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 Security Instrument without <br />further demand and may invoke the power of sale and any other remedises 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 />ta, teasanable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defatrlt 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 $orrower 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 $orrower, <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 time 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 bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Pt•operty. 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 pt•oceeds 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 payment of the Trustee's fees actually incurred and reasonable attorneys' fees 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 Mae/Freddie Mac UNIFORM INS7RUMEN7 Form 3028 7/01 <br />Bankers Systems, Inc., St. Cloud, MN Form M8-1-NE 8/17/2000 (pn~r ~ n/'7jNi~cB) ~ ~ <br />~' <br />