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2�����6�� <br />If Lender exercises this option, Lender sha11 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 Security Instrument. If Bonower fails to pay these sums prior to the expiration of this period, Lender may <br />invoke any remedies permitted by this 5fxurity Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to �ieinstate After Acceleration. If Borrower meets certain conditions, Borrower sha11 have the <br />right to ha�e enforcement of this Security �nstrument disconti�ued at any time prior to earliest of: (a) five, days before, sale <br />of the Properly pursuant to any power of sale contained in this Securiry Instrumenr, (b) such other period as Applicable Law <br />might specify for the termination of Bonower's right to reinstate; or (c) entry of a judgment enforcing this Security Insttvment. <br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this 5ecurity Instrument 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 Security Instrument, including, but not limited to, reasona.ble attorneys' fees, property inspection and <br />valuation fees, and other fees incurred fot the pur�se of protecting Lender's interest in the Ptoperry and rights under this <br />5ecuriry Instnunent; and (d) takes such action as Lender may reasonably 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 Securiry Instrument, shall <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) certif'ied check, bank check, treasurer's check or <br />cashiet's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, <br />instrumentaliry or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Securiry Instrument and <br />obligations 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 Section 18. <br />Z0. Sale of Note; Change of Loan Servicer; Notice of Griev�nce. The Note or a. partial interest in the Note (together <br />with this Securiry Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in the entiry (known as the "Loan 5ervicer") that collects Periodic Payments due under the Note and this Security Instrument <br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change which will state the name 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 thereafter the Loan is serviced 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 oWerwise provided by the Note purchaser. <br />Neither 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 Security Instrument or Wat alleges that the <br />other party has breached any provision of, or any duty owed by reason of, this Security Instniment, until such Borrower or <br />Lender has notified the other parly (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 �iving of such notice to take corrective actioa. If <br />Applicable Law provides a time period which must elapse before certain actton can be taken, that time period will' be deemed to <br />be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Section 22 and the notice of acceleration given to Bonower pursuant to Section 18 sha11 be deemed to satisfy the notice and <br />opportuniry tct talce conective action provisions of this Section 20. <br />Zl. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances, �mllutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic �troleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as de�ned in Environmental Law; and (d) an "Environmental Coudition" means a <br />condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Bonawer shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous 5ubstances, on or in the Properly. Bonower shall not do, nor a.11ow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazaxdous Substance, creates a condition that adversely <br />affects the value of the Pcoperiy. The preceding two sentences shall not apply to the presence, use, or storage on the Properly <br />of sma11 quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).. <br />Bonower shall promptly give Lender wriuen notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any govermnental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of wluch Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, dischaxge, release ot threat of release of any Haza.rdous Substance, and (c) any condition caused by ihe presence, use <br />vr release of a Hazardous Substance which adversely affects thc value ,of the Property. If Borrower learns, or is notif'ied .by any <br />governmental or.regulatory authority, ot any private party, that any ,removal or other .remediation of any Hazardous Substance <br />affecting . the Property is necessary, Borrower shall promptly ta�e all necessary remedial actions in accordance witli <br />Environmental I.aw. Nothing herein shall creaxe any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedie.s. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Securlty Instrument (but not prlor to acceleration under Sectfon 18 unless <br />Applicable Law provides otherw3se). The notice shal� specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by wlutch the default must be cured; and <br />(d) that failure to cure the default on or before the date speciIIed in the notice may result in acceleration of the sums <br />secured by this Security L�strument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-e�dstence 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 sgecit�ed in the notice, <br />Lender at fts opt�on may require �►ediate =payment in fuII o�F all sttms secttr�`-�g`this�SecgrYt� Ins�rument wYthout <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 incurred in pursuing the remedies provided in this 5ection 22, including, but not limited <br />to, reasonable attorneys fee,s 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 part of the <br />Property is located and shall mail copi� of such notice in the manner pr�cribed by Appl�cable 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 />notice of sale to the persons and in the manner pr�crYbed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the lugh�t bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postgone sale of all or any parcel <br />of the Propert� by public announcement at the time and place of any previously scheduled sale. Lender or its, designee <br />may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prlma facie ev�idence of the truth of the statements made therein. <br />Tr�stee shall apply: the pr�eeds of the sale in the following order: (a). to all costs and expenses of exerc�tsing 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 Securlty Instrument; 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 1(01 <br />Bankera Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 6 0f 7 pa8es) � <br />