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200909239
<br />if Leuder 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 IS within which. T~orrower must. pay all sums
<br />secured by this Security lusl.runtent. if Borrower fails to pay these sums prior to the expira.tiou of this period, Leuder may
<br />invoke any remedies perlnit.t.ed by this Security instrument without further notice or demand ou Borrower.
<br />19. $orrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right. to have clll~orcclnent. of this Security lustrumeul. discontinued aC any tune 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; (h) such oiher period as Applicable Law
<br />might specify for the termination of T3orrower's right to reinstate; or (c) entry of a judgment. enforcing this Security lnstrumen[.
<br />Those conditions are that liorruwer: (a) pays Lcuder all sulris which then would be due undcr this Security Instrument and the
<br />Note as if no acceleraiiou ha.d occurred; (b) cures any defauh of any other covenants or a.greemenls; (c) pays all expenses
<br />incurred In eut(rCGlug this Security lnstrurncnt, including, but not limited to, reasonable attorneys' fees, prnperl.y il>~speclion and
<br />valuation fees, and other fees incurred for the purpose of prolecling Lender's interest in the l'roperl.y and rights under this
<br />Security latslrumeul; and (d) takes such action as Lender rnxy reasonably require to assure that Lender's interest in I.he Property
<br />and rights undcr this Security instrument, and Borrower's obligation to pay the sums secured by this Security lustrunlent, shall
<br />couliuue unchanged. Leuder ma.y require that Borrower pay such reinstatement sums and expenses iu one or more of the
<br />following fornrs, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
<br />cashier's clrcck, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency,
<br />instrumentality or entity; or (d) Electronic Puuds Transfer. LJpon reiustatcrncnt by Iorrower, this Security luslrumeut and
<br />obligations secured hereby shall retrain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply iu the case of accelera.l.ion under Section 1f3.
<br />20. Sale of Note; Change of Loan Services; Notice of Grievance, ']'lie Note ur a partial interest in the Note (Cogether
<br />with this Security luslrument) can be sold one or Inore tunes without prior notice to Borrower. A sale Iriight result in a change
<br />in the cutity (known as the "Loan Services") t.ha.t. collects Periodic Payments due under the Nol.e and ibis Security Inst.rulnent
<br />and performs other mortgage luau servicing obligations under the Note, this Security Instrumeni, and Applicable Law. There
<br />also might. he one or more changes of the Loau Services uurelaled to a sale of the Note. if there is a change of the Loau
<br />Services, Borrower will be given writ.teu notice of the change which will state the name and address of the new Loau Services,
<br />the address to which paytneuts should be made and any other iuformalion 1ZESPA requires iu connection with a notice of
<br />transfer of servicing. If the Note is sold and thereafl.er the Loan is serviced by a Loau Services oiher thou Lhe purchaser of the
<br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loau Services or be transferred to a successor
<br />Loau Services and are uol. assumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Leuder allay corntnence, join, or he joined to any judicial action (as either an individual litigant br
<br />the member of a class) that arises from the other party's actions pursuant to this Security lustrurneut or that alleges that the
<br />ot.lier party has breached any provision of, or eery duty owed by reason of, this Security instrument, until such Borrower nr
<br />Leuder has notified i.he other party (with such notice given in compliance with the rcquirerncuts of Section IS) of such alleged
<br />breach and afforded the other party hereto a reasonable period after the giving of such notice to lake corrective action. If
<br />Applicable La.w provides a time period which must elapse before certain action can be taken, that. tune period will he decrned to
<br />he reasonable fur purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant. to
<br />Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall he decrned to satisfy the notice and
<br />opportunity to take corrective action provisions of this Sediou 20.
<br />21. Hazardous Substances. As used iu ibis Section 21: (a) "llazardous Suhstanccs" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by I~nvironmental Law and the following substances; gasoline, kerosene,
<br />other flanunable or toxic petroleula~ products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive rnatcrials; (b) "Euvironlneutal Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or enviromnental protection; (c) "liuviromneutal Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in Environlticutal Law; and (d) a.u "Euviromneut.al Condition" Incaus a
<br />condition that can cause, contribute to, 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 />thrcateu to release any llazardous Substances, ora or in the Property. Borrower shall not. do, rior allow anyone else to do,
<br />anything affecting the 1'ropcrty (a) that is in violation of any Environment.a.l Law, (h) which creates a.u Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, 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 on the Property
<br />of small quantities of llazardous Suhstanccs that arc generally recognized to be appropriate to normal residential uses and to
<br />mainteuauce of the Properly (includi.ug, but not limited to, hazardous substances in consumer products).
<br />T3orrower shall promptly give Leuder written notice of (a) any investigation, claim, dcrnarrd, lawsuit or other action by
<br />any governmental or regulatory agency or priva.l.e parry involving the Property and any Hazardous Substance or Environmental
<br />l.aW of W111c11 13orrowcr has actual knowledge, (h) any Environmental (;ondition, including but not. liuuted to, a-ry 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 llazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any
<br />govermneuial or regulatory authority, or any private party, that any removal or other remedialion of any llazardous Substance
<br />affecting the Property is accessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environlneutal Cleanup.
<br />NON-UN11'(:)I~M ('OVENANTS. T3orrower and Leuder further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to $orrower prior to acceleration fallowing $arrawer's
<br />breach of any covenant ot• agreement in this Security Instrument (but not prior to acceleration tinder 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 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 assett 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 />fnrther 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 iu 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 patt 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 iu 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, Tt•ustee shall deliver to the purchaser Trustee's deed conveying the
<br />Froperty. 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 iu 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 ., -Farm 3028 7/09
<br />Hankers Systems, Inc., St. Glvud, MN Fvrm MD-1-NE 8/17/2000 ((x~ge (i nr7rxi~er) \~~!{~
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