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201048954
<br />If Lender exercises this option, Lender shall give Borrower nntice c�f acceleration. The notice shxll provide a period of
<br />uot less than 3(.) days from lhe date the notice is given in accordance with Section 15 wiihin which Borrowcr musi pay all sums
<br />secured by this Security Instrument. If Bc�rrower fails to pay thesc surns prinr Co the expiration of this period, Lender may
<br />invoke any remedies permitted by this Security Instrurnent without further not.ice or demand on Borrower.
<br />19. Barrower's Right to Reinstate After Acceleration. If $orrower meets certain conditions, Borrower shall have the
<br />right W have enforceinent of t.his Security Instrument discnntinued at any time prior to the earliest of: (a) five days before salc
<br />of the F'roperty pursuant. to any power of sale contained in this Securiry lnstrument; (b) such other period as Applicable Law
<br />might specify for the terminalion of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrtr.ment..
<br />Those conditions are that Rorrower: (a) pays Lender all sums which then would be duc upder thrs Security Instri.uneut. and the
<br />Note a5 if no acceleration had occurred; (b) cures any defxult of any other covenants or agreeinents; (c) pxys xll expense5
<br />incurred in enforcin� this Security Instrument, including, but not limited to, reasonable attnrneys' fees, propert.y inspection aud
<br />valualion fees, and other fees incurred for the purpose of protecting Lender's interest in ihe Praperly and rights under t.his
<br />Security Instrumeul; and (d) lakes such action as Lender may reasonably require to assure that Lendcr's ipterest in the Property
<br />and rights under tl�is Security Itistrument, and Borrower's obligation to pay the sums secured by this Security Instrurnent, shall
<br />continue unchanged. Lender may require that Borrower pay such reinstateinent sums and expenses in oue or mc.�re of the
<br />following forins, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
<br />cashier's cl�eck, provided any such check is drawn upon an inst.itution whose deposits are insured by a federal agency,
<br />instrumcntality or entity; or (d) Flectronic Funds Trapsfer. iJpop reinstatement hy Borrower, this Security Instrument and
<br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply in the case of acceleration under 5ection 1$.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (t.oget.her
<br />with this Security lristrumeut) cau be sold ane or �nore times withonc prior notice to ]3orrower. A sale might result in a change
<br />in the entity (knnwu as tl�e "i,oan Servicer") that collects Periodic Payments due under tl�e Note and this Security Tnstrument
<br />and performs other uiortga�e loau servicing obligations under the Note, [his Securicy InsCrumenl, and Applicable Law. '1'here
<br />also might be one or mare changeti nf the I�oan Servicer unrelated to a sale of the Note. If there is a change of t.he Loan
<br />Servicer, I3orrower will he given written notice of the change whrch will state the name aud address of the new Loan Servicer,
<br />the address lo which payments should be made and any other information RESPA requires in connection with a uotice 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 �he
<br />Note, the mortgage loan servicing obligatious to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loau Servicer and are not assumed by the Note purchaser unless otherwise provided by t.he Note purchxscr.
<br />Neither $orrower nor Lender may commence, join, oC �e joined to any judicial action (as either au individual litigant or
<br />Che memher of a class) t.lut arises from the other party's actions pursuant to this 5ecurity Instrurnent or that alleges that the
<br />other parry has hreached any pr�vision of, or any duty owed by reason of, this Security instrument, unlil tiuch Borrower or
<br />Lender has nc�tificd the other party (wit.h such notice given in co�npliauce with the requirements of Section IS) of such alleged
<br />breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. lf
<br />Applicable Law provides a time period which must elapse before cet�tain actiou can be taken, that tune period will bc deeined ic�
<br />be reasonable for pnrpnses of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
<br />Section 22 and the notice of accelerat.ion given to Borrower pursuant to Section 1 S sha11 be deemed to satisfy the notice and
<br />opportunity to take corrective ac[ion provisions nf this Section 20.
<br />21. Hazardous 5ubstances. As used in this Section 21: (a) "Hazardaus Substances" are lhose substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by �nvironmental Law and the follnwing substanees: gasoliae, kerosene,
<br />other flarxunable or t.oxic petroleuin products, �oxic pesticides and herbicides, volatile solvents, materials cont.aining asbest.os or
<br />formaldehyde, and radi��active materials; (b) "Environmental T,aw" means federal laws and laws of the jurisdiction where the
<br />Property is located t.hat relate to health, safet.y or environmental proteclion; (c) "Environmcntal Cleanup" includes any response
<br />action, remedial action, or rernoval action, as defined in �nvironmental Law; and (d) an "�uvironmeutal (:ondition" means a
<br />condition that can cause, contribute to, or otherwise trigger an Enviropmental Cleanup.
<br />Borrower shxll not cause or permit the presence, use, disposal, storage, or release of any Ha�,ardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />an.ything affecting the Property (a) that is in violat.ion of any Environmental Law, (b) which creates ap �nvironmental
<br />Condition, or (c) which, due to the pretience, use, or release of a fI�►zardous Substance, creates a condition that adversely
<br />affects the value of the Propert.y. 'I'he preceding lwo sentences shall not apply to the presence, use, or storage on tl�e Property
<br />of small quantities of Ha�ardous Substances tlut are generally recognized to be appropriate lo nor�x�al residenlial uses and to
<br />maintenance of Che Property (including, but not limited to, hazardous snbstances in consumer producls).
<br />Borrower shall promptly give Lender written noCice of (a) any investigation, claim, demand, lawsuit or other action by
<br />any governrnental or regulxtory agency or private party invc�lving the Property and any Hazardous Substauce ar Envirorunental
<br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, iucluding but not l'united lo, aay spilliug,
<br />leaking, discharge, release or lhreat of release of any Haz,ardous SubStance, and (c) any conditinn 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 nolified hy any
<br />governmenlal or re�ulatory aulhority, or any private party, that any removal or other reinediatic�n of any Hazardous 5uhstancc
<br />atfect.ing the Property is necessary, i3orrower shall promptly take all necessary remedial actiops in accordance wilh
<br />Euviromnental Law. Nothing herein shall create any obligatipn on Lender for an Environmental Cleanup.
<br />NON-UNIFORM (�OVL,NANTS. 13cyrrc�wer and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accelex ation following Bnrrower's
<br />breach of any covenant or agreement in this 5ecurity 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 reqaired to cure the default;
<br />(c) a date, not less than 30 days from the date the �uotice is given to Borrower, by which the default must be cured; and
<br />(c�) that failure to cure the default on or befare the date speciCied itt the notice may result in acceleration of the sums
<br />secured by this Security Tnstrument and sale of the Property. The nodce shall further infoarm $orrower 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 $orrower to acceleration and sale. If the default is not cured on or before the date speci�ed in the notice,
<br />Leader at its option may require itnraediate payment in full of all sums secured by tlus 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 pursu3ng the re[nedies provided in this 5ection 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 ttotice of default in each county in which any part of the
<br />Property is located and shall mail copies of such notice itt the manuer prescribed by Applicable Law to BoY rower and to
<br />the ather persons presc�rihed by Applicable Law. After the time required by Applicable Law, Trustee shall give public
<br />natice nf sale ta the persans and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower,
<br />shall sell the Prope�-ty 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 determiues. Trustee may postpone sale of all or any parcel
<br />af the Property by public annauncement at tl�e tiitne and place of any previously scheduled sale. Lender or its designee
<br />rnay purchase the Praperty at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Praperty. The recitals in the Trustee's deed shall be prima facie evidence of the truth af the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the fallovving order: (a) to all casts and expenses of exercising the power of
<br />sale, aud the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
<br />perrnitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess ta the person or
<br />peesons legally entitled to it.
<br />NEBRASKA—Single Family—Fannie MaelFreddie Mao UMIFORM INSTRUMENT Form 3028 7�07
<br />6ankers Systems, Inc., St. Cloud, MN Form Mti-1-NE Bl17/2000 (paRe 6 af 7 pares)
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