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~ ,d. ., ~ <. 200948321 <br />If Leudcr exercises this option, !.,ender shall give Borrower notice of acceleration. 'T'he 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 runts <br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lctader may <br />invoke any remedies permitted by this Security Instrument without further notice or dctatand ou Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. [f Borrower meets certain conditions, Borrower shall have the <br />right. to have ettforcetneut of this Security Instrutaaent discontinued at stay time prior to the earliest of: (a) five days before sale <br />of the i'roperty pursuant to any power of sale contained in this Security Instruna.eut; (h) such other period as Applicable. Law <br />might specify for the teraainatiou caf Borrower's right to reinstate; or (c) curry of a judgment enforcing this Security Instruraieut. <br />Those coed-ttous arc 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 expenses <br />incurred in euForciug this Security I-tstrtuneut, including, but. not li-atited to, reasonable attorneys' fees, property inspection aad <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 Lender may reasonably require to assure that Lender's interest ru the Property <br />and rights under this Security Instrument, and Borrower's obligation to pay tlac sums secured by this Security Instrument, shall <br />continue unchanged. Lender may require that Borrower pay such reinstatement sutaas and expenses iu one or more of the <br />.following forms, as selected by Loader: (a) cash; (b) taaoney order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an iustttutton whose deposits are insured by a federal agency, <br />instrumentality or entity; or (d) rlectroni.c rands 'Transfer. Upon reinstatement. by Borrower, this Securtty Instrument and <br />ohligat.ious secured hereby shall remain fully e:ffcctive as if uo acceleration load occurred. However, this right to reinstate shall <br />not apply in the case of acceleration under Seaton l8. <br />20. Sale of Note; Change of Loan Scrvicer; Notice of ('grievance. 'The Note or a partial interest. in the Note (together <br />with this Security lnstrurnent) can he sold one or ttiore times without prior notice to Iorrower. A sale might result in a change <br />in the entity (known. as the "l..oan Scrvicer") that collects Periodic Payments due under the Note and this Security Iustrtuttetat <br />and performs other mortgage loam servicing obligations under the Note, this Security Iustrutneut, and Applicable Law. 'There <br />also might he one or tatore changes of the Loan Scrvicer unrelated to a sale of tlac Note. If there is a change of the I..,oau <br />Scrvicer, Borrower will he given written notice of the change which will state the ttarne and address of the new Loau Scrvicer, <br />the address io which payments should be tttade and any other information RESPA requires iu couuectio-a with a notice of <br />transfer of servicing. If the Note is sold and tlaercafter the Loan is serviced by a Luau Scrvicer other than the purchaser of the <br />Note, the mortgage loan servicing obligations to Borrower will remain with the l_oau Scrvicer or he transferred to a successor <br />I.,oan Scrvicer and arc not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor I,cuder Wray crnauneuce, join, or be joined to any judicial action (as either an individual litigant or <br />the naetatber of a class) that arises frotta the other party's actions pursuant to this Security Iustrutatent or that alleges that the <br />other parry has breached any provision of, or any duty owed by reason of, this Security Itastrunteut, until such Borrower or <br />Lender has notified the other party (with such notice given in compliance with the requireraaents of Section 1S) of such alleged <br />breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a tithe period which must elapse before certain action ca.ta he taken, that time period will be deettted to <br />be reasonahle for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Section 22 and the -aotire of acceleration 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(l. <br />21. Hazardous Substances. As used i^ this Section 2l: (a) "Iazardous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by h.uvirontateutal l,aw and the i'ollowiug substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pestacidcs and herbicides, volatile solvents, materials coutatuiug ashestos or <br />formaldehyde, and radioactive materials; (b) "T:nvirontttetatal I.aw" means federal laws and laws of the .jurisdiction where the <br />Property is located that relate to health, safety or envirotuncntal protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or rctauaval action, as defined in >~uvirotmacntal l,aw; and (d) an "Hnviromneutal C'onditiou" means a <br />condition that. rata cause, contrihute to, or otherwise trigger au Environmental Cleanup. <br />Borrower shall not cause or peratit the presence, use, disposal, storage, or release of any I-Iazardous Substances, or <br />threaten to release any Hazardous Suhstances, oft or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Euviromnetatal <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Suhstance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not. apply to the presence, use, or storage ou the Properly <br />of small quantities of Hazardous Suhstances ilaat are generally recognized t.o be appropriate to nonttal 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 Iazardous Substance or Environtatental <br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but trot limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condntou 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 />governmental 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 accessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall create any obligation ou bender for au Environmental Cleanup. <br />NON-UNIFORM t'OVT:NAN'i'S. Borrower and I.cnder 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 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; (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 Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on nr before the date specrfied 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 Borrower 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 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 Security Instrument without <br />further demand and may invoke the power of sale and any 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, 'T'rustee 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 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 />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 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 INSTRUMENT Form 3028 7/01 <br />Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8!1712000 (~[1gC 6 0f 7Eul~es) <br />