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~~ ~~ ~ ~ ~ 201001053 <br />payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by <br />Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Secured <br />Indebtedness shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an <br />assumption and follow any other requirements of Lender related to an assumption. if Borrower does not do so, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The' notice shall provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Secured Indebtedness as if no acceleration had occurred; (b) cures any default of any other covenants or <br />agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited ta, <br />reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably <br />require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation <br />to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, <br />this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under the section titled <br />Transfer of the Property or a Beneficial Interest in Borrower. <br />Sale of Secured Indebtedness Change of Loan Servicer. The Secured Indebtedness or a partial interest in the <br />Secured Indebtedness (together with this Security Instrument) may be sold one or more times without prior notice <br />to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects periodic <br />payments due under the Secured Indebtedness and this Security Instrument. There also may be one or more <br />changes of the Loan Servicer unrelated to a sale of the Secured Indebtedness. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change in accordance with the section titled Notices and <br />Applicable Law. The notice will state the name and address of the new Loan Servicer and the address to which <br />payments should be made. The notice will also contain any other information required by Applicable Law. <br />Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br />presence, use, or storage on 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. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency ar private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials c tainine~.asbestos .or. fo~¢e~iyde, and <br />radioactive materials. As used in this paragraph, "Environmental Law" coatis fec~~ral;Iaws aril laws~vf tyre state of <br />Nebraska that relate to health, safety or environmental protection. ,",1~ <br />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 the <br />section titled Transfer of the Property or a Beneficial Interest in Borrower, unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, bat not limited ta, <br />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 <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />®2004.2009 Compliance Systems, lnc. 16b2-F'370 - 2009.07.355 <br />