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241a09334 <br />must pay all sums secured hy this Security Instrument. If Brirrower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any remedies permitted by this Security Instrument withnut further notice qr demand <br />on f3orrower. <br />19. Borrnwer's Itight tu Reinstxte After Acceleration. (f F3orrower mcets ccrtain conditions, [iorrowcr shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) <br />five days before sale of the Prope�•ty pursuant to any power of sale contained in this Security lnstrumenr, (6) such <br />other periud as Applicable Law might specify for the termination of Burrower's right ro reinstate; ur (c) entry of a <br />judgment enforcing this Security Inshument. Thuse conditions are that Borrvwer: (a) pays Lender all sums which <br />then would be due under this Security Instrument and the Note as if nn acceleration had nccurred; (b) cures any default <br />of any other covenants or agreements; (c) pays all expenses incurred in enfnrcing this Security Instrument, including, <br />but not limited to, reasnnahle atrorneys' fees, property inspection and valuation fees, and other fees incurred for thc <br />purposc of protecting i,ender's interest in the Prnperty anci rightc under this Securiry lnstrument; and (d) takes such <br />action as Lender may rcasonably require to assure that l,ender's interest in the Property and rights under this Security <br />Instrument, and 13orrower' s obligation to pay the sums secured by this Securiry Insrrument, shall continue unchanged. <br />Lender may rcquirc that Borrowcr pay such reinstatemcnt sums and expenses in one or more of the foliowing furms, <br />as selected by Lender: (a) cash; (b) money order; (c) certif7cd check, bank check, treasurer' s check or cashier' s check, <br />provided any such check is drawn upon an institution whuse depusits are insured by a federal agency, instrumentality <br />ur entity; or (d) Glectrunic Funds Transf'er. Upon rcinstatement by Borrower, this Security Inst� ument and ohligatinns <br />secured hereby shall remain Y'ully cY'fective as if' no acceleratiun had uccurred. However, this right to reinstate shail <br />noc apply in the case of acceleration undcr Section 18. <br />20. Sale of Note; Chanse of I,oan Servicer; Notice of Grievance. The Nute or a partial interest in the Note <br />(tugether with this Security Ins�rument) can be sold one ur more times without prior notice to $orrower. A sale might <br />result in a change in [he entity (known as the "Loan Servicer") that tollects Periodic Payments due under the Note <br />and this Security Instrurncnt and performs othcr mortgage luan servicing obligatiuns under the Note, this Security <br />Instrurncnt, and Applicablc Law. There also might bc onc ur more changes of the Loan Servicer imrelaled lo a sale <br />of thc Nute. If thcrc is a changc of thc t.oan Scrviccr, E3u�'ruwer will be given written notice of the change which will <br />state the narne and address of chc ne�v I.oan Servicer, thc address to which payments shoidd be made and �my uther <br />infurmation RESPA requires in connectiun with a nulice of transfer of tiervicing. If the Note is snld and therealter <br />the Loan is strvicud by a Luan Servicer other than the purchaser of the Note, the mortgage loan servicing nhligatinns <br />tu Burrower will remain with the Luan Servicer ur be transl'erred to a succesarn Lnan Servicer and are nnt assumed <br />by the Note purchaser imless otherwise provided by the Note pwchaser. <br />Neifher Borru�ver nor Lender may cummence, join, or he joined to any judicial actinn (as either nn individu�l <br />litig;�nt or the mcmber ofa class) that arises froni the otha' party's artiuns pursuant tu this Security [nstrument ur that <br />allegcs that the other party has breached any provision of, ur any duty uwed by reason of, this Security Instrument, <br />until such Borrower or Lender has no[iticd �he other party (with such notice given in compliance with the reyuirements <br />nf ticction I S) nf such alleged breach and affnrded the uther p�irty hereto a reasonable periocl atler the giving uf such <br />nutice to take corrcctive action. If Applicablc Law pruvides ai time period which must elapse belbre certain action <br />can be taken, that �imc periuci will be decmed to be reasunable Por purp<�ses of this paragraph. `Ihe notice of <br />�lCCeleratlun �nCl uppul'luniry tu Cufe given tu Burruwer pursuanl ta Sectic>n 22 and the notice nf acceleratinn given <br />tu Rurrower pursuant to Sectiun l8 shall be deemed to sa(isfy [he notice and oppnrtunity to take cnrrectivc action <br />pruvisions of this Section 20. <br />21. Hazarduus Substances. As used in fhis Sectinn Z I: (a) "Ilazardnus Substanccs" arc thosc substanccs <br />defined as tnxic or hazardous tiubstances, pollutants, nr wasces by I:nvironmental La�v a�id the following substances: <br />�asoline, kcrnsene, nther flammahle nr tnxic petroleum producis, toxic pesticides and herbicides, vnlatile sulvents, <br />materials cnntaining asbestns or fnrmaldehyde, and radinactivc rnaterials; (b) "Environmen431 Law" means f'ederal <br />laws and laws of thejurisdiction where the Property is located that relate to health, safety ur environmental protectinn; <br />(c) "Gnvirnnnienral ('Ieanup" includes any response actiun, rcmedial ticlion, or removal action, as defined in <br />Envirnnmental Law; anc.1 (c.1) an "}invirnnmental Cnndition" mcans a condition that ean eause, eontributr• tu, or <br />othcrwisc triggcr an �nvironrncntal Cicanup. <br />13orrower shal l nnt cause or permit the presence, usc, disposal, slurage, or rclease of any Hazarduus Su6stances, <br />or thre�ten [n release any I lazardous tiubstances, nn or in the Property. Borrower shall not do, nur alluw anyone else <br />to do, anything affecting the Property (a) that is in vinlatinn nf any F.nviro�amental l..aw, (b) which creates an <br />Environmental C;onditinn, or (c) which, due tn the presence, use, or rclease oY a Hazardous Substance, creates a <br />cnndition that adversely affects the value nf the Prnperty. The preceding two sentences shall nut apply [o the <br />presence, use, nr storage on the Property of small quantitics uf Hazardous Substances ihat are generally recognized <br />to he apprnpriate tn nnrmal residential uses and tn rnaintcnance of the Pruparty (including, but nut limited to, <br />hazardous substances in consumer prnducts). <br />13onower shall prompdy give I:ender written noticc of (a) any investigatiun, claim, demand, lawsuit or other <br />action by any gnvernmentai or regulatory agency or privaie party invulving the Property and any Hazardous Suhstance <br />or Gnvironmental Law of which Borrower has actual knuwledge, (h) any Environmental Condition, including but not <br />limited [u, any spilling, leaking, discharge, release or threat of release of any Hazardnus Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardnus Suhstance which adversely aFfects the value of the <br />Property. If Borruwer learns, ur is notified by any governmental nr regulatory authority, or any priva[e party, that <br />any removal ur other remediation of any Hazardous Substance affectin�; the Property is necessary, E3orrower shall <br />promptly take all necessaiy remedial actions in accordance with linvironmcntal Law. Nothing hcrein shall create �my <br />ubligation on Lender f'ur an Environmental Cleanup. <br />NEBR45KA--Single Family--Fannie MaelFreddie Mac UNIFORM INSI"RUMENT DOCMBg%C���]�:�: titiU-Gab4JGl <br />Fprm 3028 1lO1 Page 8 oi 11 www.docmagic.com <br />