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20100945�
<br />If Lender exercises [h'rs option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
<br />uot less than 30 days from the date the notice is given in accordance with Section 15 wiihin which Borrower must pay all sums
<br />secured by this Security Instrument. If Barrower fails to pay these sums prior to the expiration of this period, Lender may
<br />invoke any remedies permiCted by this Security Instrument without further notice or dernand ou Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certaia coaditions, Borrower shall have the
<br />right to have enforcement of this Securily Instrumeat discontinued at any tirne prior to the earliest of: (a) five days before sale
<br />of the Properry pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law
<br />might specify for the tertnination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security lnstrwnent.
<br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
<br />Note as if no acceleration had occurred; (b) cnres auy default of any other covenants or agreernents; (c) pays all expenses
<br />incurred in enforcing this Securiry Instrument, 'rncluding, but not limited to, reasonable attorneys' fees, property inspection aud
<br />valuation fees, and other fees incurred for the purpose of protectin� Lender's interest iu the PropeRy and rights uuder Wrs
<br />Secariry Instrument; and (d) takes such actian as Lender may reasonabty require to assure that Lender's interest in the Property
<br />aud rights under th'rs Security Instrument, and Barrawer's obligation ta pay the surns secuced by this Secariry Instrument, shall
<br />cont'rnue unchanged. L.ender may require that Borrower pay such re'rnstatement sums and expenses in one or more of the
<br />follawing forms, as selected by Lender: (a) cash; (b) money order; (c) cert'rfied check, bank check, treasurer's check or
<br />cask►ier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal ageacy,
<br />instnunentaliry or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Securiry Iastrument and
<br />obligations secured hereby shall remain fully effective as if no acceleratiau had occurred. However, this right to reinstate shall
<br />not apply in the case of acceleratiou under 5eciion 18.
<br />20. Sale of Note; Change af Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Securiry Instruiment) can be sold oue or more times without prior notice to Borrower. A sale might result in a change
<br />in tt�e entiry (known as the "Loan Servicer") that collects Periodic Paymeuts due under the Note and this Securiry Instrwnent
<br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
<br />also might be one or mare changes of ttie Loan Servicer uurelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be givea written notice of the change which will state the name and address of the new Loan Servicer,
<br />the address to which payments should be xnade and any other information RESPA requires iu connectiou with a not'rce of
<br />transfer of servicing. If the Note is sald and thereafter the Loan is serviced by a Loan Servicer other than the parchaser of the
<br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Leader may comrnence, join, or be joined to any judicial action (as either an individual litigant or
<br />the rnember of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
<br />other party has breached any provision of, or any dury owed by reason of, this Securiry Instrument, un[il such Borrower or
<br />Lender has natified the other party (with such natice given rn compliance with the requirements of 5ection 15) of such alleged
<br />breach and afforded the other party hereto a reasouable period after the giving of such no[ice to take corrective action. If
<br />Applicable �,aw provides a time period which must elapse before certain action can be taken, that time period will be deemed to
<br />be reasonable for parposes of this paragraph. The notice of acceleration and opportuniry to cure given to Barrower pursuant ta
<br />Section 22 and the notice of acceleration given to Borrower pursuaut to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to t�ke corrective actioa provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollntants, or wastes by Euvironmental Law and the follawing substances: gasoline, keroseue,
<br />att�er flamrnahle or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive maierials; (b) "Environmental Law" means federal laws and laws of the jur'rsdiction where the
<br />Property is tocated that relate to health, safety or environmental protection; (c) "Enviropmeatal Cleauup" includes any response
<br />action, remedial action, or removal action, as defined in Enviranmental Law; and (d) an "Environmental Condition" rneaus a
<br />condition that can cause, coutribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall nat cause or permit the presence, use, disposal, starage, or release of any Hazardous Substances, or
<br />ttireaten to release any Hazardous Substances, on or in the Property. Borrower shall not da, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in vialatiou of any Euviromnental I,aw, (b) which creates an Environmental
<br />Candition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply ta the preseuce, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to aormal residential uses aud to
<br />maintenance of the Property (including, but not lirnited to, hazardous substances in consumer products).
<br />Borrower sha11 promptly give Lender written notice of (a) aay investigatiou, claim, demand, lawsuit or other action by
<br />any gavernmental or regulatory agency or private party involving the Property and any fIazardous Substance or Envirownent�l
<br />Law of wtiich Borrower has actaal kuawledge, (b) any Environmental Condition, including but nat limited to, any spillin�,
<br />leaking, discharge, release or threat of release of any Hazardous Substaace, and (c) any condition cansed by the presence, use
<br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is natified by any
<br />goveramental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the Property is nccessary, Borrower shall prornptly take all necessary rernedial acCrons in accordance with
<br />Env'rronrnental I�aw. Nothing herein sha11 create aay abligation on Lender for an Environmeutal Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fallows:
<br />22. Acceleration; Remec�ies. Lender shaU give notice ta Borrower prior to acceleration [oAowing Borrower's
<br />breach of any covenant ar agreement in tlus Security Instruunent (but uot prior to acceleration under 5ection 18 ualess
<br />Applicable Law provides otherwise). The notice shall specify: (a) the de[ault; (b) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the notice is �ven to Borrower, by which the defaalt must be cured; and
<br />(d) that failure to cure the default an or before the date speci�ed in the notice may result in acceleration af the sums
<br />secured by this Security Iastrwn�ent and sale of the Property. The notice shall further inform Borrawer of the right to
<br />reinstate at9ter accelerat�on and the right to bring a court action to assert the non-e,�stence of a default or any other
<br />defense of Borrawer to acceleration and sale. IT the default is not cured on or before the date specified in the notiee,
<br />Lender at its vption may require immediate payment in full af all sums secured by thls Security Instrumeut without
<br />further demaud and may Invoke the power a[ sale and any other remedies permitted by Ap�licable Law. Lender shall be
<br />entitled to collect all expenses lucurred in pursuing the remedies provided in th�ls Sectioa 22, including, but not limitec�
<br />to, reaisonable attorneys' fees and costs a[ title evidence.
<br />�f the power of sale is invoked, Trastee shall record a notice oP default in each county in which any part of the
<br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law ta Borrower and ta
<br />the other persons prescribed by Applicable Law. After tLe time requlred by Applicable Law, Trustee shall give public
<br />natice of sale to the persou�s and in the manner prescribed by Applicable Law. Trustee, withoat demand on Borrawec,
<br />shall sell the Property at public auction to the Wghest bidder at the time and place and under the terms designated in the
<br />notice of sale 3n one or more parcels and ia auy order Trustee determines. Trustee may postpone sale of all or any parcel
<br />of the Property by puhlic announcement at the t3me and place of any previously scheduled sale. Lender or its designee
<br />may purchase the Property at any sale.
<br />U�au receipt af payment of the prlce 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 trath of the statements made therein.
<br />Trustee shall apply the prceeeds af t&e sale in the foAowiag order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, including the payment of the Tcustee's fees actually 3ucurred and reasanable attorneys' fees as
<br />permitted by Appllcable Law; (b) to all sums secared by this Security Instrument; and (c) any excess to the person or
<br />persons legally entitled to it.
<br />NEBRA$KA-5ingle Family—Fannie Mae/Freddie Mac UNI�ORM INSTRUMENT ��orm 3028 7/07
<br />6ankers Syatama, Mc., St. Cloud, MN Form MD-1-NE 8/17/2000 (jxlge 6 0f 7 pRges)
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