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20110322C <br />must pay a11 sums secured by tkus Security Insmiment. 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 fizrther notice or demand <br />on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower m�ts 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 ptusuant to any power of sale contained in this 5ecurity Instrument; (b) such <br />other period as Appiicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a <br />judgment enforcing this Se,curity Instrument. Those conditions are that Bonower: (a) pays Lender all sums which <br />then would be dne 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 a11 expenses incurred in enforcing this Security Instrumettt, including, <br />but not limited to, reasonable aitomeys' 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 Securiry Instrument; and (d) takes such <br />action as Lender may reasonably require to assure that I,ender's interest in the Properly and rights under this Security <br />Instrument, and Bonower's obligation to pay the sums secured by this Se�urity Instrument, shall continue unchanged. <br />Lender may require that Bonower pay such reinstatement sums and expenses in one or more of the following forms, <br />as selected by I.ender: (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 aze insure,ci by a federal agency, instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instnunent 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 S�tion 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 Se,curity 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 Ioan 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 I.oan Servicer, the address to which payments should be made and any other <br />inforn�ation RESPA requires in connection with a notice of transfer of servicittg. 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 5ervicer or be transfened 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 I.ender 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 5ecurity Instrument, <br />until such Bonower 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 tha other party hereto a reasonable period after the giving of such <br />notice to take conective 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 norice of <br />acceleration and opporiunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given <br />to Borrower pursuant to Section 18 sha11 be deemed to satisfy the notice and opportunity to take corrective acrion <br />provisions of this Section 20. <br />21. Hazardous Substances. As used in this S�tion 21: (a) "Hazardous Substances" aze those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmenta.l Law and the following substan.ces: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or forn�aldehyde, and radioactive materials; (b) "Environmental Law" means f�ieral <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, rernedial 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 />atherwise trigger an Environmental Cleanup. <br />Borrower sha11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release auy Hazardous Substances, on or in the Property. Barrower sha11 not do, nor a11ow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmentai 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 Properly. The preceding two sentences sha11 not apply to the <br />presence, use, or storage on the Properly of small quantities of Hazardous Substances that aze generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Properry (including, biit not limited to, <br />hazardous substances itt consumer products). <br />Borrower sha11 promptly give Lender written notice of (a) any investigation, clainn, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazazdous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmantal Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of xelease of any Hazardous Substance, and (c) any <br />cottdition caused by the presence, use or release of a Hazardous Substance which adversely aff�ts tbe value of the <br />Property. If Borrower leasns, 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 ne�essary, Bonower shall <br />promptly take all ne,cessary remedial actions in accordance with Envirvninental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br />NEBRASKA--Single Famity--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT p�+y�� � <br />Form 3028 1/01 Page 8 of 11 wavw.docrrtagfc.com <br />� � <br />� � <br />rr�azs.aot.� <br />