2oioos2i4
<br />If I,ender exercises this option, Lender shall give Borrower notice of accelexation. The 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 $orrower must pay all sums
<br />secured by this Security Instrument. If Borrc7wer Cails to pay these sums prior to the expiration of this period, Lender may
<br />invoke any remeciies permitted by this Security Instrument with�ut further notice or demand on Borrowear.
<br />19. Borrower's Right to Reinstate AfCer Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right to have enforcement of this Security Instrument discontinued at any time 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; (b) such other period as Applicable Law
<br />rnight specify for the term.ination of $orrower's right to reinstate; or (c) entry of a judgtnent enforcing this 5ecurity lnstrument.
<br />Those conditions are that Borrower: (a) pays Lender all sums which tlaen 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 ar agreements; (c) pays all c:xpenses
<br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspecti��n and
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrunr�ent; and (d) takes such action as Lender may reasonably reyuire to assure that �.,ender's interest in the Property
<br />and rights under this Security Instrument, and Borrower's obligation to pay the surns secured by this Security Instrument, shall
<br />continue unchanged. Lender may reyuire that Borrower pay such reinstatement sums and expenses in one or nrzore of the
<br />following forms, as selected by Lender: (a) c;ash; (b) money order; (c) certified check, bank c:heck, treasurer's check or
<br />cashier's check, provided any such check is drawn upon an instiCution whose deposits are insured by a federal agency,
<br />instrutnentality or entity; or (d) �lectronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and
<br />obligations secured hereby shall reznain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply in the �ase of acceleration under Section 18.
<br />20. Sale of Note; Change ok' Loan Scrvlcer; Notice of Grievance. The Note or a partial interest in th� Note (together
<br />with this Security Instrument) can be sold one or znore times without prior notice to Borrower. A sale might result in a change
<br />in the entity (known as the "Loan Serviccr") that collects Periodic Payments due under the Note and this Security Instrument
<br />and performs other znortgage loan servicing obligations under the Note, this Security Inst;rutnent, and Applicable L�w. 'I'here
<br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the natne and address of the new Loan Servicer,
<br />the address to which payments should be made and any other information RESPA requires in connection with a natice of
<br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
<br />Note, the mortgage I�an servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are not assurned by the Note purchaser unless otherwise provided by the Note purchasex.
<br />Neither $orrower nor Lender may commenc:e, join, or be joined to any judicial action (as either an individual litigant or
<br />the member of a class) that arises from the other party's actions pursuant to this 5ecurity Instrument or that alleges that 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 party (with such notice given in compliance with the requirements of Section 15) of such alleged
<br />breach and afforded thc other party hereto a reasonable period after the giving of such notice to take corrective action. I�
<br />Applicable I.,aw provides a time period which must elapse before certain action can be taken, that time period will be deemed to
<br />be areasonable for purpases of this paragraph. The notice of acceleration and oppartunity t� cure given to Borrower pursuant to
<br />Section 22 and the notice of acceleration given to $orrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defin�d as
<br />toxic or hazardous substances, pollutants, or wastes by �nvironmental Law and the failnwing substances: gasoline, kerosene,
<br />other tlamrnable or toxic petroleurn products, toxic pesticicies and herbicides, volatile solvents, materials containing asUestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental proCection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or re:moval action, as defined in �nvironmental Law; and (d) an "Environmental Condition" means a
<br />condition thatcan cause; contribute to, or otherwise ttigger an �nvii'ox►znental Cleai�up.
<br />--- --- - _. _ _ -
<br />Borrower shall not cause or permit the presence, use, disposal, storage, oz' release of any Hazardous Substances, or
<br />threaten to release any Hazardous 5ubstances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affeccing the Property (a) that is in violation of any Environmental Law, (b) which creates an �nvironmental
<br />Condition, or (c) which, due to the presence, use, oz' release of a I-�azardous Substance, creates a condition that adversely
<br />affec:ts the value of the Property. �'k►e preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to norznal 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 w;ritten notice of (a) any investigation, claim, dcmand, lawsuit or othear action by
<br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br />Law of which Borrower has actual knowledge, (b) any Environznental Condition, including but nat limited to, any 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 Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />governmental or regu�atory authority, or any private party, that any rernoval or other remediation of any Hazardous Substance
<br />affecting the Property is necessary, Barrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmcntal Cleanup.
<br />NON-UNIFORM COV�NAN'I'S. Borrower and Lender furthcr covenant and agree as follows:
<br />22. Accelerat3on; Rcmed3es. Lender sha11 give �notice to Borrower prior to acceleration followang �orrower's
<br />breach of any covenant or agreemeut in this $ecurity �nstrument (but not prior to acceleration unde�r $ectian 18 unless
<br />Applieable 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 fro�nn 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 speci�ed in the notace may result in acceleration of the sums
<br />secured by this Security Instxument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstate after acceleratxon and the right to bring a court action to assert the non-existence af a default or any other
<br />defense of Borr�wer to acceleration and sale. If the defaull 1s nal cured on or before the clate speci�ed in the notice,
<br />I.ender at its option may require immediate paynnent in full of all sums secured by this Security Instrument without
<br />further demand attd txtay invoke the power of sale and any other remedies perm�tted by Applicable Law. Leuder shall be
<br />entitl�d tr� collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasanable attorneys' fees and costs of title evidettce.
<br />Xf the power of sale is invoked, Trustee shall record a nolice of default in each county itt which any part of the
<br />�roperty is located and shall mail copies of such notice in the manner prescr�fbed 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 dernand on Borrower,
<br />shall sell the Property at public auctioti to the highest b3dder at the time and place and under the terms deslgnated in the
<br />notice of sale in one or more parcels and in any order '�rustee determines. Trustee may postpone sale of all or any parcel
<br />of the Property by public annou��ceme�tt at the time and place of any previously scheduled sale. I,ender or its designee
<br />may purchase the Property at any sale.
<br />U�on reeeipt of payment of the price 6id, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />ProperCy. The recitals in the Trustee's deed shall be prirna facie evidence of the truth of the statements made thereln.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercasing t1�e power of
<br />sale, and tkte sale, . including the payment of the Ttustee's fees actually incurred and reasonable attorneys' fees as
<br />permitt�� 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-5ingie Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Benkers Systems, lnc., 5i. Clvud, MN Form Mb-1-NE 8/17/2000 (plige 6 UJ7/X7ge. ��
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