|
n ,
<br />If Lender exercises this option, Lender shall give B nower notice of acceleratioi�. Tl
<br />not less than 30 days from the date the notice is given in ac ordance with Section 15 wi�hin �
<br />secured by this Security Instrument. If Borrower fails to ay these sums prior to the expv
<br />invoke any remedies permitted by this Security Instrument wi out further notice or deman on .
<br />19. Borrower's Right to Reinstate After Accelerat on. If Bonower meets ce in G
<br />right to have enforcement of this Security Instrument disco tinued at any time prior to e e�
<br />of the Property pursuant to any power of sale contained in this Security Instrument; (b suc
<br />might specify for the termination of Bonower's right to re' tate; or (c) entry of a jud ent �
<br />Those conditions are that Borrower: (a) pays Lender all s which then would be due und�
<br />Note as if no acceleration had occuned; (b) cures any de ult of any other covenant or
<br />incuned in enforcing this Security Instrument, including, b t not limited to, reasonable tton
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interes in t
<br />Security Instrument; and (d) takes such action as Lender ma reasonably require to assu e th�
<br />and rights under this Security Instrument, and Bonower's o ligation to pay the sums se urec
<br />continue unchanged. Lender may require that Borrower y such reinstatement s and
<br />following forms, as selected by Lender: (a) cash; (b) m ney order; (c) certified ch k,
<br />cashier's check, provided any such check is drawn upo an institution whose depo its
<br />instrumentality or entity; or (d) Electronic Funds Transfe . Upon reinstatement by orro�
<br />obligations secured hereby shall remain fully effective as if o acceleration had occurr . H�
<br />not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notic of Grievance. The Note oi� a p�
<br />with this Security Instrument) can be sold one or more time without prior notice to Boirow�
<br />in the entity (known as the "Loan Servicer") that collects eriodic Payments due under the
<br />and performs other mortgage loan servicing obligations un er the Note, this Security Iinstru
<br />also might be one or more changes of the Loan Servicer elated to a sale of the 1�1ote.
<br />Servicer, Borrower will be given written notice of the chan e which will state the namel and
<br />the address to which payments should be made and any ther information RESPA r' quir
<br />transfer of servicing. If the Note is sold and thereafter the an is serviced by a Loan ervi
<br />Note, the mortgage loan servicing obligations to Borrower ill remain with the Loan ervic
<br />Loan Servicer and are not assumed by the Note purchaser unl ss otherwise provided by th Not
<br />Neither Borrower nor Lender may commence, join, r be joined to any judicial ctioi
<br />the member of a class) that arises from the other party's ctions pursuant to this Sec�rity
<br />other party has breached any provision of, or any duty o ed by reason of, this Sec ty v
<br />Lender has notified the other parly (with such notice given in compliance with the requ' em�
<br />breach and afforded the other party hereto a reasonable riod after the giving of su h n�
<br />Applicable Law provides a time period which must elapse fore certain action can be en,
<br />be reasonable for purposes of this paragraph. The notice of acceleration and opportuni to c
<br />Section 22 and the notice of acceleration given to Borrow r pursuant to Section 18 sh b
<br />opportunity to take conective action provisions of this Sectio 20.
<br />21. Hazardous Substances. As used in this Sectio 21: (a) "Hazardous Subs ce�
<br />toxic or hazardous substances, pollutants, or wastes by En ironmental Law and the fo owi
<br />other flammable or toltic petroleum products, to�c pesticid s and herbicides, volatile s lven�
<br />formaldehyde, and radioactive materials; (b) "Environmen Law" means federal law and
<br />Property is located that relate to health, safety or environme tal protection; (c) 'Bnviro en�
<br />action, remedial action, or removal action, as defined in E vironmental Law; and (d) �n "}
<br />condition that can cause, contribute to, or otherwise trigger Environmental Cleanup. �
<br />Bonower shall not cause or permit the presence, se, disposal, storage, or release
<br />threaten to release any Hazardous Substances, on or in e Property. Borrower shall not
<br />anything affecting the Property (a) that is in violation f any Environmental Law; (b)
<br />Condition, or (c) which, due to the presence, use, or rel se of a Hazardous Substa�ce,
<br />affects the value of the Property. The preceding two sente es shall not apply to the pr sen�
<br />of small quantities of Hazardous Substances that are gener y recognized to be appro�riate
<br />maintenance of the Property (including, but not limited to, h dous substances in consux�ier p�
<br />Borrower shall promptly give Lender written notice of (a) any investigation, cla�m, i
<br />any governmental or regulatory agency or private party inv lving the Property and any�Haz:
<br />az•
<br />Law of which Borrower has actual knowledge, (b) any E vironmental Condition, inc udin
<br />leaking, discharge, release or threat of release of any H dous Substance, and (c) an}v cot
<br />or release of a Hazardous Substance which adversely affec the value of the Property. I� Bo�
<br />governmental or regulatory authority, or any private party, that any removal or other r�med
<br />affecting the Property is necessary, Bonower shall pr mptly take all necessary , rem�
<br />Environmental Law. Nothing herein shall create any obligati n on Lender for an Environn�enta
<br />NON-UNIFORM COVENANTS. Borrower and Le
<br />22. Acceleration; Remedies. Lender shall give
<br />breach of any covenant or agreement in this Security I�
<br />Applicable Law provides otherwise). The notice shall sp
<br />(c) a date, not less than 30 days from the date the notic
<br />(d) that failure to cure the default on or before the da
<br />secured by ttus Security Instrument and sale of the Pr�
<br />reinstate after acceleration and the right to bring a ca
<br />defense of Borrower to acceleration and �de. If the dg
<br />Lender at its option may require immediate payment
<br />further demand and may invoke the power of sale and a
<br />entitled to collect all expenses incurred in pursuing the
<br />to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall re�
<br />Property is located and shall mail copies of such notice
<br />the other persons prescribed by Applicable Law. After
<br />notice of sale to the persons and in the manner prescri
<br />shall sell the Property at public auction to the highest bi
<br />notice of sale in one or more parcels and in any order T
<br />of the Property by public announcement at the time an
<br />may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Tru�
<br />Property. The recitals in the Trustee's deed shall be p�
<br />Trustee shall apply the proceeds of the sale in the follow
<br />sale, and the sale, including the payment of the Tru
<br />permitted by Applicable Law; (b) to all sums secured '
<br />persons legally entitled to it.
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM
<br />Bankers Systems, Inc., St. Cloud, MN Form MD-7-NE 8/17/2000
<br />ier further covenant and ag ee a;
<br />�tice to Borrower prior o ac
<br />trument (but not prior t aca
<br />;ify: (a) the default; (b) t e aci
<br />is given to Borrower, by �uvhicl
<br />specified in the notice m'�ay r
<br />erty. The notice shall fur'�her
<br />rt action to assert the non-e�
<br />�ult is mo3 c�ared on or before
<br />i fu11 of all sums secured by 1
<br />y other remedies permitte by
<br />emedies provided in this ecti�
<br />�d a notice of default in
<br />the manner prescribed 1
<br />�e time required by App
<br />d by Applicable Law. T
<br />ler at the time and place
<br />stee determines. Trustee
<br />place of any previously
<br />: shall deliver to the p
<br />a facie evidence of the
<br />; order: (a) to all costs ,
<br />e's fees actually incur
<br />this Security Instrume�
<br />201103
<br />notice shall provide a period of
<br />ich Bonower must pay all sums
<br />ion of this period, Lender may
<br />ditions, Bonower shall have the
<br />liest of: (a) five days before sale
<br />other period as Applicable Law
<br />forcing this Security Instrument.
<br />this Security Instrument and the
<br />;reements; (c) pays all expenses
<br />ys' fees, property inspection and
<br />: Property and rights under this
<br />Lender's interest in the Property
<br />ry this Security Instrument, shall
<br />;xpenses in one or more of the
<br />ank check, treasurer's check or
<br />e insured by a federai agency,
<br />;r, this Security Instrument and
<br />rever, this right to reinstate sha11
<br />al interest in the Note (together
<br />A sale might result in a change
<br />�te and this Security Instrument
<br />nt, and Applicable Law. There
<br />there is a change of the Loan
<br />iress of the new Loan Servicer,
<br />in connection with a notice of
<br />other than the purchaser of the
<br />or be transfened to a successor
<br />;as either an individual litigant or
<br />�strument or that alleges that the
<br />trument, until such Bonower or
<br />�ts of Section 15) of such alleged
<br />ice to take conective action. If
<br />iat time period will be deemed to
<br />re given to Borrower pursuant to :
<br />deemed to satisfy the notice and
<br />are those substances defined as
<br />substances: gasoline, kerosene,
<br />materials containing asbestos or
<br />ws of the jurisdiction where the
<br />Cleanup" includes any response
<br />+ironmental Condition" means a
<br />any Hazardous Substances, or
<br />, nor allow anyone else to do,
<br />hich creates 'an` Environuiental
<br />ates a condition that adversely
<br />use, or storage on the Property
<br />� normal residential uses and to
<br />mand, lawsuit or other action by
<br />lous Substance or Environmental
<br />but. t�gt . limi'ted to, any spilling,
<br />tion caused'by the presence, use
<br />�wer learns, or is notified by any
<br />tion of any Hazardous Substance
<br />ial actions in accordance with
<br />eleration following Borrower's
<br />:ration under Section 18 unless
<br />�n required to cure the default;
<br />the default must be cured; and
<br />ult in acceleration of the sums
<br />iform Borrower of the right to
<br />ence of a default or any other
<br />he date spec3fi�a1 in t�e notice,
<br />is Security Instrumedt without
<br />,pplicable Law. Lender shall be
<br />i 22, including, but not limited
<br />�unty in wluch any part of the
<br />icable Law to Borrower and to
<br />Law, Trustee shall give public
<br />without demand on Borrower,
<br />der the terms designated in the
<br />►stpone sale of all or any parcel
<br />led sale. Lender or its designee
<br />� Trustee's deed conveying the
<br />f the statements made therein.
<br />�nses of exercising the power of
<br />reasonable attorneys' fees as
<br />(c) any excess to the person or
<br />� Fo m 30-7��'��
<br />6 of 7 pages �
<br />
|