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20110257�
<br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
<br />this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
<br />on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower 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 Property pursuant to any power of sale contained in this Security Instrument; (b) such
<br />other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
<br />judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which
<br />then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default
<br />of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
<br />but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
<br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such
<br />action as Lender may reasonably require to assure that Lender' s interest in the Property and rights under this Security
<br />Instrument, and Borrower' s obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
<br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' s check or cashier' s check,
<br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
<br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
<br />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 Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
<br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
<br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
<br />state the name and address of the new Loan Servicer, the address to which payments should be made and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
<br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
<br />by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party' s actions pursuant to this Security Instrument or that
<br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
<br />can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given
<br />to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
<br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that
<br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
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<br />NEBRASKA--Single Family--FannieYVlae/Freddie Mac UNIFORM INSTRUMENT DocMag/c�nP�
<br />Form 3028 1/01 Page 8 of 11 www,docmagic.com
<br />Ne3028.dot.�¢nl
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