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201�0578r
<br />[f 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 Rorrower mast pay all sums
<br />secured by this Securiry Instrument. If Borrower fails to pay these sums prior to tlie expiration of [his period, Lender may
<br />invoke any remedies permitted by this Securiry Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right to have enforcement of this Securiry Instrument discontinued at any time prior to the earliest of: (a) five days before sale
<br />of the �'roperty pursuant to any power of sale contained in this S�uriry Instrument; (b) such other period as Applicable L:aw
<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 all sums which then would be due under this Securiry Instrument and 'the
<br />Note as if no acceleration hacl occuned; (b) cures any default of any other covenants or agreemen�s; (c) pays all expenses
<br />incuneci in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, propeny inspec:tion and
<br />valuation fees, and otl�er fees incurred for the purpose of protecting I.ender's interest in the Property and nght�5 under this
<br />Security Instrumeut; and (d) takes such action as i,ender may reasonably require to assure that I,ender's interest in the Property
<br />and rights under this Securiry Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
<br />continue unchanged. Lender may require thai 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 />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 Transfer. Upan reinstatement by Bonower, this Security Instrument and
<br />obligations sccurcd hercby sha11 remain fully effective as if no acccicration had occuned. Howcver, this right to reinstate shall
<br />not apply in the case of acceleration under Section 18.
<br />20. Sale of Nate; Change of Loan Servicer; Notice of Grievance. '1'he 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 entiry (known as the "Loan Servicer") thai collects Periodic Payments due under the Note and this Securiry Instrumeat
<br />and performs other moRgage loan servicing obligations under the Note, this Securiry Instrument, and Applicable I.aw. 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 />Servickr, Borrower will be given wriuen 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 R�SPA requires in connection with a notice of
<br />transfer of servicing. If the Note is sold and theceafter the Loan is serviced by a I.oan Servicer other than the purchaser of the
<br />Note, We mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are not assumed by thc Note purchaser unless otfierwisc provided by the Note purchascr.
<br />Neither Borrower 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 parly's actions pursuant to this Securiry Instrument or that alleges that the
<br />other pariy has breached any provision of, or any dury owed by reason of, this Security Instrument, until such Borrower or
<br />Lendet has notified the other parly (with such notice given in compliance with the requirements of Sectiou 15) of such alleged
<br />breach� and afforded the other party hereto a reasonable period after the giving of such notice to talze corrective action. if
<br />Applicable Law grovides a time period which must elapse before certain action ca.0 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 shall be deemed to satisfy the notice and
<br />opportuniry to take corrective action provisions of this Section 20.
<br />21. Hazardous 5ubstances. As used in this Section 21: (a) "IIazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
<br />other fluumable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive ma�erials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where'the
<br />Yroperiy is located that relate to health, safety or environmental protection; {c) "�nvironmental Cleanup" iucludes any response
<br />action; remedial action, or removal action, as de�ned in F,nvironmental Iaw; and (d) an "F.nvironmental Condition" mearLS a
<br />conditi�n that can cause, contribute to, or otherwise trigger an F.nvironmental Cleanup.
<br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Ha7ardous Suhsta.nces, or
<br />threaten to release any Hazardous Substances, on or in the Progerty. Borrower shall not do, nor a11ow anyone else to do,
<br />anything affect'rng the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<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 sma,ll quantities of Hazardous Substances that are generally rccognizcd to be appropriatc to normal residential uses and to
<br />maintepance of thc Property (including, but not limited to, hazardous substances in consumcr products).
<br />" Bonower shall promgUy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private pany involving the 1'roperly and any Hazardous Substance or Environmental
<br />Law oj which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilliag,
<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 Substance which adversely affects the value of the Property. If Borrower learns, or is notif'ied by wy
<br />governmental or regulatory authoriry, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />�nviroiimental Law. Nothing herein sha11 create any obligation on Lender for an �nvironmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender furthcr covcnant and agrec as follows:
<br />22. Acceleration; Remedies. Lender shall give nolice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
<br />Appficable Law provides otherwise). The notice shaII specify: (a) the default; (b) the action required to cure the defaplt;
<br />(c) a date, not le.ss than 30 days from the date the notice is given to Borrower, by wluch the default must be cured; and
<br />(d) th�t failure to cure the default on or before the date speciffied in the notice may r�ult in acceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the righb to
<br />reinstate after acceleration and the tight 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 speciffed in the notice,
<br />Lender at its option may r�uire immediate payment in full of all sums secured by tWs Security Instrument without
<br />furthe�r demand and map invoke the power of sale and any other remedies pernritted bg App6cable Law. I,ender shaU be
<br />entitled to coIlect all ex�penses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasonable attorneys fees and costs of title evidence.
<br />If the power af sale �s invoked, Trustee shall record a norice 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 I.aw, Trustee shall give public
<br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on �rrow,er,
<br />shall sell the Property at public auction to the highest 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 determin�s. Trustee may �tpone sale of all or any paicel
<br />of the'Property by public announcement at the time and place of anp 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 prima facie evidence of the truth of the statements made therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale, inclading 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 Instrument; and (c) any exc�s to the person or
<br />persoris legally entitled to it.
<br />NEBRASKA—Single Family—Fennie Mae/Freddie Mac UNIFORAA INSTRUMENT ./� Form 3028 1/01
<br />Bankers Systems, Inc., St. Cloud, MN Form MD-7-NE 8l1712000 (puge 6 of 7 pnges) I�
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