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�01�0308�
<br />If Lender exercises this o
<br />not less than 30 days from the da
<br />secured by this Securiry Instrum
<br />invoke any remedies permitted by
<br />19. Borrower's Right to
<br />right to have enforcement of this
<br />of the Properly pursuant to any
<br />might specify for the termination
<br />Those conditions are that Borrov�
<br />Note as if no acceleration had c
<br />incurred in enforcing this Securir
<br />valuation fees, and other fees in
<br />Security Instrument; and (d) take
<br />and rights under this 5ecurity Ins
<br />continue unchanged. Lender ma
<br />following forms, as selected by
<br />cashier's check, provided any �
<br />instrumentaliry or entity; or (d)
<br />obligations secured hereby shall �
<br />not apply in the case of acceleraxic
<br />20. Sale of Note; Chang�
<br />with this Security Instrument) ca.
<br />in the entiry (known as the "Loa
<br />and performs other mortgage loa
<br />also might be one or more char
<br />Servicer, Borrower will be given
<br />the address to which payments
<br />tra.asfer of servicing. If the Note
<br />Note, the mortgage loan secvicin
<br />Loan Servicer and are not assume
<br />Neither Borrower nor Ler
<br />the member of a class) that arisE
<br />other parly has breached any prc
<br />Lender has notif'ied the other par
<br />breach and afforded the other p;
<br />Applicable Law provides a time �
<br />be reasonable for purposes of thi�
<br />Section 22 aud the notice of acc
<br />opportunity to take corrective actii
<br />21. Hazardous 5ubstanc
<br />toxic or hazardous substances, p�
<br />other flauunable or toxic petroleu
<br />formaldehyde, and radioactive m
<br />Property is located that relate to 1
<br />action, remedial action, or remo�
<br />condition that can cause, contribut
<br />Borrower sha11 not cause
<br />threaten to release any Hazardoi
<br />anything affecting the Properly
<br />Condition, or (c) which, due to
<br />affects the value of the Property.
<br />of small quantities of Hazardous
<br />maiutenance of the Property (inch
<br />Borrower shall promptly
<br />any goveramental or regulatory �
<br />Law of which Bonower has acti
<br />leaking, discharge, release or tht
<br />or release of a Hazardous Substa�
<br />governmental or regulatory authc
<br />affecting the Property is nece:
<br />Environmental I.aw. Nothing here
<br />tion, Lender sha11 give Borrower
<br />� the notice is given in accordanc
<br />nt. I Borrower fails to pay the,
<br />his S curity Instrument without fu
<br />teins e After Acceleration. If
<br />Secur ty Instrument discontinued
<br />ower of sale contained in this Se
<br />�f Bo ower's right to teinstate; o
<br />�r: (a pays Lender all sums whic
<br />xurr d; (b) cures any default of
<br />Inst ent, including, but not li
<br />urre for the purpose of protect
<br />such action as Lender may reaso.
<br />rume t, and Borrower's obligatio
<br />req ire that Borrower pay suc]
<br />Lend r: (a) cash; (b) money oc
<br />ich c eck is drawn upon an in
<br />Elect onic Funds Transfer. Upo�
<br />;�nai fully effective as if no acce
<br />i under Section 18.
<br />of Lban 5ervicer; Notice of Gr
<br />be s�ld one or more times witho
<br />� Ser�icer") that collects Periodic
<br />� serv'icing obligations under the
<br />;es o the Loan Servicer unrelax�
<br />wriu n notice of the change whic
<br />hould be made and any other in
<br />is sol and thereafter the Loan is
<br />obli ations to Borrower will ret
<br />by e Note purchaser unless othe
<br />ler m y commence, join, or be jo
<br />� fro the other party's actions �
<br />�isio of, or any dury owed by
<br />�(wi h such notice given in com�
<br />rty h reto a reasona.ble period a
<br />�riod which must elapse before ce
<br />para raph. The notice of acceler
<br />lerati n given to Borrower pursu
<br />n pro isions of this Section 20.
<br />�. A used in this Section 21: (
<br />llutan� , or wastes by Environme
<br />n proFiucts, toxic pesticides and Y
<br />�.terial�; (b) "Environmental Law
<br />ealth,', safery or environmental prc
<br />al action, as defined in Environu
<br />to, or otherwise trigger an Envirc
<br />or t the presence, use, dis�
<br />s Su stances, on or in the Prop�
<br />(a) t(�at is in violation of any
<br />the resence, use, or release of
<br />The receding two sentences shal
<br />5ubs nces that are generally rec
<br />iing, ut not limited to, hazardous
<br />ive nder wriuen notice of (a) :
<br />;ency or private party invoiving t
<br />�1 kn wledge, (b) any Environm�
<br />at of release of any Hazardous 5
<br />;e w ich adversely affects the val
<br />•ity, r any private party, that an
<br />�ary, Borrower shall promptly
<br />n sh 1 create any obligation on Le
<br />notice of acceleration. The notice shall provide a period of
<br />� with Section 15 within which Borrower must pay a11 sums
<br />; sums prior to the expiration of this period, Lender may
<br />ther notice or demand on Borrower.
<br />3orrower meets certain conditions, Borrower shall have the
<br />�t any time prior to the earliest of: (a) �ve days before sale
<br />:urity Instrument; (b) such other period as Applicable Law
<br />•(c) entry of a judgment enforcing this Securiry Instrument.
<br />i then would be due under this Security Instrument and the
<br />any other covenants or agteements; (c) pays all expenses
<br />�ited to, reasona.ble atxorneys' fees, properly inspection and
<br />ng Lender's interest in the Properly and rights under this
<br />ably require to assure thax Lender's interest in the Property
<br />� to pay the sums secured by this Security Instrument, shall
<br />reinstatement sums and expenses in one or more of the
<br />ler; (c) certif'ied check, bank check, treasurer's check or
<br />:itution whose deposits are insured by a federal agency,
<br />reinstatement by Borrower, this Security Instrument and
<br />eration had occurred. However, this right to reinstaxe shall
<br />NON-UNIFORM COVE
<br />22. Acceleration; RemF
<br />breach of any covenant or agr
<br />Applicable Law provides other
<br />(c) a date, not less than 30 day
<br />(d) that failure to cure the dei
<br />secured by t}tis Security Instn;
<br />reinstate after acceleration an�
<br />defense of Borrower to accele�
<br />Lender at its option may req�
<br />further demand and may invo�
<br />entitled to collect all ex�enses
<br />to, reasonable attorneys fees a�
<br />If the power of sale is i
<br />Property is located and shall �
<br />the other persons prescribed b
<br />notice of sale to the persons a�
<br />shall sell the Property at publi�
<br />notice of sale in one or more p�
<br />of the Property by public ann�
<br />may purchase the Property at a
<br />: Upon receipt of payme�
<br />Property. The recitals in the 7
<br />Tr��stee shall apply the proceec
<br />sale, and the sale, including
<br />permitted by Applicable Law;
<br />persons legally entitled to it.
<br />NEBRASKA—Single Family—Fannie
<br />Bankers Systems, Ix.. St. Cloud, MN Form MC
<br />�vance. The Note or a partial interest in the Note (together
<br />t prior notice to Borrower. A sale might result in a change
<br />Payments due under the Note and this 5ecurity Instrument
<br />Jote, this Security Instrument, and Applicable Law. There
<br />i to a sale of the Note. If there is a change of the Loan
<br />will state the name and address of the new Loan Servicer,
<br />ormation RESPA requires in connection with a notice of
<br />�erviced by a Loan 5ervicer other than the purchaser of the
<br />ain with the Loan Servicer or be transferred to a successor
<br />wise provided by the Note purchaser.
<br />ned to any judicial action (as either an individual litigant or
<br />ursuant to this Security Instrument or that alleges that the
<br />:ason of, this Securiry Instrument, until such Borrower or
<br />liance with the requirements of Section 15) of such alleged
<br />er the giving of such notice to take corrective action. If
<br />tain action ca.n be taken, that time period will be deemed to
<br />tion and opportunity to cure given to Borrower pursuant to
<br />.nt to Section 18 shall be deemed to satisfy the notice and
<br />"Hazardous Substances" are those substances defined as
<br />al Iaw and the following substances: gasoline, kerosene,
<br />�bicides, volatile solvents, materials containing asbestos or
<br />means federal laws and laws of the jurisdiction where the
<br />ction; (c) "Environmental Cleanup" includes any response
<br />ntal Law; anfl (d) an "Environmental Condition" means a
<br />nental Cleanup.
<br />sal, storage, or release of any Hazardous Substances, or
<br />y. Borrower sha11 not do, nor allow anyone else to do,
<br />nvironmental Law, (b) which creates an Environmental
<br />Hazardous Substance, creates a condition that adversely
<br />not apply to the presence, use, or storage on the Property
<br />;nized to be appropriate to normal residential uses and to
<br />ibstances in consumer products).
<br />y investigation, claim, demand, lawsuit or other action by
<br />: Property and any Hazardous Substance or Environmental
<br />tal Condition, including but not limited to, any spilling,
<br />istance, and (c) any condition caused by the presence, use
<br />: of the Properly. If Borrower learns, or is notif'ied by any
<br />removal or other remediation of any Hazardous 5ubstance
<br />ike a11 necessary remedial actions in accordance with
<br />ler for an Environmental Cleanup.
<br />ANT . Borrower and Lender fu er covenant and agree as follows:
<br />ies. nder shall give notatce t Borrower prior to acceleration following Borrower's
<br />men in this Security Listrume t(but not prior to acceleration under Section 18 unless
<br />ise). The notice shall specifj: () the default; (b) the action required to cure the default;
<br />fro the date the notice is giv to Borrower, by wWch the default must be cured; and
<br />ult o or before the date s ied in the notice may r�sult itn acceleration of the sums
<br />ient d sale of the Property. e notice shall further inform Borrower of the right to
<br />the right to bring a court acti n to assert the non-eadstence of a default or any other
<br />tion and sale. If the default is not cured on or before the date speciffed in the notice,
<br />e ediate payment in full f all sums secured by this 5ecurity Instrument without
<br />the wer of sale and any°othe remedies permitted by Applicable Law. Lender shall be
<br />curred in pursuing the remedi provided in this 5ection 22, including, but not limited
<br />I c�ts of title evidence.
<br />iok , Trustee shall record a otice of default in each county in w}uch any part of the
<br />il co ies of such notice in the anner prescribed by Applicable La� to Borrower and to
<br />App 'cable Law. After the tim required by Applicable Law, Trustee shall give public
<br />� in e manner prescribed by pplicable Law. Trustee, without demand on Borrower,
<br />�ucti n to the lugh�t bidder at he time and place and under the terms designated in the
<br />ceLs d in any order Trustee d termines. Trustee may postpone sale of all or any parcel
<br />nc ent at the time and place of any previously scheduled sale. Lender or its designee
<br />of he price bid, Trustee sh deliver to the purchaser Trustee's dee� conveying the
<br />ust 's deed shall be prima fao'e evidence of the truth of the statements made therein.
<br />of t e sale in the following ord r: (a) to all costs and expenses of exercising the power of
<br />ie p yment of the Trustee's f actually incurred and reasonable attorneys' fees as
<br />b) to all sums secured by ttus urity Instrument; and (c) any excess to the person or
<br />Mac UNIFORM INSTRU
<br />7/2000
<br />Form 3028 1 /01
<br />(page 6 of 7 pages)
<br />
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