Laserfiche WebLink
20110455� <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums <br />secured by this Secucity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may <br />invoke any remedies perniitted by this Securiry Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleratton. If Borrower meets certain conditions, Borrower sha11 have the <br />right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale <br />of the Properly pucsuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law <br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. <br />Those conditions are that Borrower: (a) pays Lender a11 sums which then would be due under this Security Instcunnent and the <br />Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this 5ecurity Insttument, including, but not limited to, reasonable auorneys' fees, progerty inspection and <br />valuation fees, and other fees incuned for the put�ose of protecting I.ender's interest in the Properly and rights under this <br />5ecuriry Instrument; and (d) ta.kes such action as Lender may teasonably require to assure that Lender's interest in the Property <br />and rights under this Security Instrument, and Bonower's obligation to pay the sums secured by this Security Instrument, sha11 <br />continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check oc <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, <br />instrumentality or entity; or (d) Electronic Funds Transfet. Upon reinstatement by Borrower, this 5ecurity Instrument and <br />obligations secured hereby shall remain fully effective as if no accelecation had occurred. However, this right to reinstate sha11 <br />not apply in the case of acceleration under Section 18. <br />20. 5ale of Note; Change of Y.oan 5ervicer; Not?ice of Grievance. The Note or a partial interest in the Note (together <br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instc�unaent <br />and performs other mortgage loan servicing obligations under the Note, this 5ecurity Instrument, and Applicable I.aw. There <br />also might be one or more changes of the Loan 5ervicer unrelated to a sale of the Note. If there is a change of the Loan <br />5ervicer, Borrower will be given wriuen notice of the change which will state the na.me and address of the new Loan Servicer, <br />the address to which payments should be made and any other information RE5PA requires in connection with a notice of <br />transfer of servicing. If the Note is sold and therea.fter the Loan is serviceii by a Loan Servicer other than the purchaser of the <br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor <br />Loan 5ervicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />NeiWer Bonower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or <br />the member of a class) that arises from the other party's actions pursuant to this Securiry Instrument or that alleges that the <br />other party has breached any provision of, or any dury owed by reason of, this Securiry Instrument, until such Borrower or <br />Lender has notif'ied the other party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time perial which must elapse before certain action can be taken, that time period will be deemed to <br />be reasonable for purposes of this paragraph. The notice of acceleration and opportuniry to cure given to Borrower pursuant to <br />Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 sha11 be deemed to satisfy the notice and <br />opporlunity to take corrective action provisions of this Section 20. <br />21. Hazardous 5ubstances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substa.nces, polluta.nts, or wastes by Environmental I,aw and the following substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials wntaining asbestos or <br />formaldehyde, and radioactive materials; (b) "Environnnental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safery or enviromnental protection; (c) "Environmental Cleanup" inctudes any response <br />action, remedial action, or rem,oval action, as de�ned in Environmental Law; and (d) an "Environmental Condition" means a <br />condition that can cause, contribute ta, or otherwise trigger an Environmental Cleanup. <br />Borrower sha11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous 5ubstances, or <br />threaten to telease any Hazardous Substa.nces, on or in the Properiy. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental I,aw, (b) which creates an Environmenta.l <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of sma11 quantities of Hazardous 5ubstances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Properly (including, but not liunited to, haza.rdous substances in consumer products). <br />Borrower shall prompfly give Lender written notice of (a) any investigation, claun, demand, lawsuit ot other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmeutai Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />or release of a Hazardous 5ubstance which adversely affects the value of the Property. If Borrower learns, or is notif'ied by any <br />governmental or cegulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall prompdy take a11 necessary remedial actioas in accordance with <br />Environmental Law. Nothing herein sha11 create any obligation on Lender for an Environmental Clea.nup. <br />NON-UNIFORM COVENANT5. Borrower and Lender further covenant and agree as follows: <br />22. AcceleratHon; Remed�es. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Secunty Instrument (bnt not prior to acceleration under 5ection 18 unle.ss <br />Applicable I.aw provides otherwise). The notice shal� specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not le.ss than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specit�ed in the notice may r�sult in acceleration of the sums <br />secured by this Securlty Instrument rand sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the rtght to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender at its option may require immediate payment in full of all sums secttred by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled to collect all ex�enses incucred in pursuing the remedies provided in this Section 22, including, 6ut not limited <br />to, reasonable attorneys fee.s and c�ts of title evidence. <br />If the gower of sale is invoked, Trustee shall record a notice of default in each county in wluch any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to <br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />nodce of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms desigaated in the <br />notice of sale in one or more parcels and in any order Trustee determin�. Trustee may postpone sale of all or any parcel <br />of the Property by pub6c announcement at the t3me and place of any previously scheduled sale. Lender or its d�ignee <br />may purchase the Property at any srale. <br />Upon receipt of payment of the price bid, Trustee shall dellver to the purchaser Trastee's deed conveying the <br />Property: The recitals in the Trustc�'s deed shall be prima facie evidence of the truth of the statements made therein. <br />Tcustee shall apply the proceeds of the sale in the following order: (a) to all casts and expenses of exercising the �ower of <br />sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Listrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />NEBRASKA—Single Family—Famde MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1101 <br />Bankers Systams, Inc., St. Cloud, MN Form MD-1-NE 8l17/2000 (pag¢ 6 of 7 pages) <br />