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201009814
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
<br />not less than 30 days from the date the notice 'rs given in accordance with Section 15 within which Borrower must pay a11 sums
<br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
<br />invoke auy renr►edies permitted by ttiis Security Instrument without further uoCice or dernaud an Barrower.
<br />19. Borrower's Right ta Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right to have enforcement of this Security Instrurnent discontiaued at any time prior to the earliest af: (a) five days before sale
<br />of the Praperry pursuant to any power af sale contaiued 'rn this Security Instrumen[; (b) such other period as Applicable Law
<br />might specify for the termination of Borrower's cight to reinstate; or (c) entry of a judgrnent enforcing [hrs Securiry Instrument.
<br />Those conditions are that Barrower: (a) pays Lender all sums which then would be due under this Security Instruxnent and the
<br />Note as 'rf no acceleration had occurred; (b) cures any defaul[ af any ather covenan�s or agreements; (c) pays all expenses
<br />incurred in enforcing this Security lnstrument, including, but no� limited to, reasonable attorneys' fees, property inspection and
<br />valuatian fees, and other fees incurred for the parpose of protecting Lender's interest in the Property and rights under this
<br />Securuy Instrunnent; aad (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
<br />aud rights under this Security Iustrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
<br />continue unchanged. I,ender may require that Borrower pay such reinstatement surns and expenses in oue or more of the
<br />following forms, as selected by Lepder: (a) cash; (b) rnoney order; (c) certified check, bank eheck, trea,5urer's check or
<br />cashier's check, provided any such check is drawn upon an iustitution whose deposits are insured by a federal agency,
<br />ipstrumentality or entiry; or (d) Electronic Funds Trausfer. Upon reinstatemeut by Borrower, this Security Instrument and
<br />obligations secured hereby sha11 remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply in the case of acceleration under SecCion 18.
<br />20. Sale af Note; Change af Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security Instrument) can be sold one or more times without prior notice to Borrawer. A sale rnight result in a change
<br />in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrurnent
<br />aud performs other mort�age loan servicing obligations uader the Note, this Security Instrurnent, and Applicable Law. There
<br />also might be one or more changes of the Loan Servicer unrel�ued to a sale of the Note. If there is a change of the Loau
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan 5ervicer,
<br />the address to which payments should b� made and any other iufortnation RESPA requires in counection wiCh a uotice of
<br />transfer of serdreing. If the No[e rs sold and thereaf[er the Loan is serviced by a Loan 5ervicer other than the purchaser of tlie
<br />Note, [he mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are nat assumed by the Note purchaser unless otherwise provided by the Nate purchaser.
<br />Neither Borrower uor Lender may cornmeuce, join, ar be joined to any judicial actiou (as either an individual litigant or
<br />the member of a class) that arises from the other party's actions pursuant to this Security Iustrumen[ ar 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 />I,ender has notified the other party (with such potice given in cornpliance with the requirements of Sectiou IS) of such alleged
<br />breach and afforded the other party hereto a reasonable period after the giving of such nocice to take carrective action. If
<br />Applicable Law provides a tirne period which must elapse before certain action can be taken, that timc period will be deemed to
<br />be reasonable for purposes of [his paragraph. The notice of acceleration and opportuuity to cure giveu to Borrower pursuant to
<br />Section 22 and the natice of acceleration given to Borrower pursuaut to Section 18 shall be deemed ta 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 Substauces" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
<br />other flaturtiable or toxic petroleum products, toxic pesticides aud herbicides, volatile solvents, materials containing asbestas or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdict'ron where the
<br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />actian, remedial action, or removal action, as defined in Euvironmental Law; and (d) an "Environmental Condition" means a
<br />condition that can cause, contribute to, ar otherwrse trigger aa Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release oF any Hazardous Substances, or
<br />threaten ta release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) thal is in violation of any Enviroumental L,aw, (b) which creates au Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects Che value af the Property. The preceding two sentences shall not apply ta the presence, use, or storage on the Property
<br />af sm�ll quantities af Hazardous Substances that are generally recognized to be appropriate to normal residential uses aad to
<br />mainteuance af the Property (including, but not limited to, hazardous substances iu consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claun, dernand, lawsuit or other action by
<br />any governmenCal or regulatory agency or private party involvrng the Property and any Hazardous Substance or Environrnental
<br />I,aw of which Borrower has actual knawledge, (b) any Environmental Conditian, including but not limited to, any spilling,
<br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condrtion 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 />gavernmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary rernedial actions in accordauce with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Enviropmeutal Cleauup.
<br />NON-UNIFORM COV�NAN"TS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prlor ta acceleratian PoUowing Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Sectlon 18 unless
<br />Applicable Law provides atherwise). The notice shall specify: (a) the det'ault; (b) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the aotice 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 specit�ecl in the notice may result In acceleration of the sums
<br />secured by this Securlty Instrument and sale oP the Property. The notice shall further inform Borrower of the right to
<br />reinstate at'ter acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrower to acceleration and sale. II the default is nat cured on or before the date speci�ed in the notice,
<br />Lender at its option may require immediate payment in faA of all sums secured by this Secaarity Instrument withaat
<br />further demand and may invoke the power af sale and any other remedies permitted by Applicable Law. Lender shall be
<br />eatitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasonable attorne�s' fees and casts of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br />Property is located aud shall mail copies of such notice Yn the manner prescrlbed by Applicable Law to Borrow�er and to
<br />the other persons prescriberl by Applicable Law. After the time required by Applicable Law, Trustee shall give publlc
<br />notice of sale to the persons and in t&e manner prescribed by Applicable Law. Trustee, vvithout demand on Borrower,
<br />shall seU the Property at public aaction to the I�tghest bidder at the time and place and under the terms desigaated in the
<br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
<br />oT the Property by pablic announcement at the time and place of any previously scheduled sale. Lender or its designee
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed canveying the
<br />Property. The recitaLs in the Trustee's deed shall be prima facie evidence of the trut& of the statements made rherein.
<br />Trustee shall apply the proceeds o[ the sale in the following order: (a) ta all costs and expenses of exercising the power af
<br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as
<br />permitted by Applicable Law; (b) to all sums secured by tivs Security Instruument; and (c) any excess to the persou or
<br />persons legally entitled to it.
<br />NEBRASKA—Single Femily—Fennfs MaelFreddie Mac UNIFORM INSTRUMENT ��orm 3028 7101
<br />yankers Systoms, Inc., St. Cloud, MN Form MD-1-NE 8/17l2000 (page 6 of 7 pages) �_
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