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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. �� <br />. �y , <br />