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<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 bad occurred; (b) cures any
<br />default of any other covenants or ageements; (c) pays all expenses incurred in enforcing this Secunty Instrument,
<br />including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees
<br />incurred for the purpose of protecting Lender's interest in the Property and rights under this Securitylnstrument; and
<br />(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights
<br />under.this SecurityInstrument, and Borrower's obligation to paythe sums secured bythis SecurityInstrument, shall
<br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses �n one or more of
<br />the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an u►stitution whose deposits are insured by a
<br />federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Bonower, this
<br />Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
<br />However, this right to reinstate shall 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
<br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Bonower. A sale
<br />might result in a change in the entity (kitown as the "Loan Servicer") that collects Periodic Payments due under the
<br />Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this
<br />Security Instcvment, and Applicable Law. There also mi�ht be one or more changes ofthe Loan Servicer unrelated to
<br />a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change
<br />which will state the name and address ofthe new Loan Servicer, the address to which pa�ments should be made and
<br />any other information RESPA requires in connection with a notice oftransfer of servicmg. Ifthe Note is sold and
<br />thereafter the I.oan is serviced by a Loan Servicer other than the purchaser ofthe Note, the mortgage loan servicing
<br />obligations to Borrower will remain.with the Loan Servicer or be transferred to a successor I.oan Servicer and are not
<br />assumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Nerther Borrower nor Lender may commence, om, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class) that arises �om the other p 's actions pursuant to this Security
<br />Instrument or that alleges that the other pariy has breached any provision o�or any duty owed by reason o� this
<br />Security Instivment, unhl such Bonower or Lender has notified the other parly (with such notice given in compliance
<br />with the reyuirements of Section 15) of such alleged breach and afforded the otlier pariy hereto a reasonable period
<br />after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse
<br />before certain action can be taken, that time period will be deemed to be reasonable for purposes ofthis paragraph.
<br />The notice of acceleration and opportunity to cure given to Bonower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opporlunity to take
<br />conective act�on provisions ofthis Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substa.nces, 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
<br />�rotection; (c) "Environmental Cleanup', includes any response action, remedial action, or removal action, as defined
<br />m Environmental Law; and (d) an"Envuonmental Condrtion" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Ha�rdous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow
<br />anyone else to do, anythin� affecting the Property (a) that is in violation of any Environmental Iaw, (b) which creates
<br />an 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 Properiy of small quantities ofHazardous Substances that are generallyrecognized to
<br />be appropriate to normal residential uses and to maintenance ofthe Properiy (including, but not limited to, hazardous
<br />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 Properiy and any Hazardous
<br />Substance or Environmental Law of which Bonower has actual knowledge, (b) any Envvonmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release or threat of release ofany Hazardous Substance,
<br />and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the
<br />value of the Properiy. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
<br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
<br />Bonower shall promptly take a11 necessary remedial actions in accorda.nce with Environmental Law. Nothing herem
<br />shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-iTNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under Section 18 unless Applicable Law provides otherwise). The not3ce shall specify: (a) the def$ult; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
<br />right to bring a court action to assert the non-ezistence of a default or an� other defense of Borrower to
<br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
<br />option may require immediate payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
<br />including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked; Trustee shall record a notice of default in each county in which any
<br />part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable
<br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by
<br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the
<br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br />parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the PropeMy
<br />by public announcement at the time and place of any previously scheduled sale. Lender or its designee may
<br />purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRiJMENT Modif3ed Form 3025 1/Ol (page 7 of 8 pages)
<br />2205o.CV (9/09) 03-1174 CreaHve Thinking, Inc.
<br />GOTO(0027t29d)
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