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, <br />�. . �,o�.�oss4� <br />If all or any part of the Property or any Interest'in the Property is sold or transferred ior if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without LendePs prior written consent, Lender may <br />require immediate payment in full of ali sums secured by this' Security Instrument. However, this option shali not be <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender axercises this option, Lender shall give Borrower notice of accelaration. The notice shall provide a period <br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must <br />pay all sums secured by this Security instrument. If Borrower faiis to pay these sums prior to the expiration of thls <br />period, Lender may invoke any remedies permitted by this Security Instrument without furthar notice or demand on <br />Borrower. <br />19. Borrower's Right to Reinstete After Acceleration. If Borrower meets certain conditions, Borrower shall have <br />the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period es <br />Appiicable Lew might specify for the terminetion of Borrower's right to reinstate; or (c) entry of a judgment enforcing <br />this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under <br />th'rs Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants <br />or egreements; (c) pays all expenses incurred in enforcing this Security Instrument, including," but not limited to, <br />reasonable attorneys' fees, property inspection and veluation fees, and other fees incurred for the purpose of protecting <br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action es Lender may <br />reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and <br />Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender mey <br />require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as salected by <br />Lender: (a) cash; Ib) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided eny <br />such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) <br />Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and ob�igations secured hereby <br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not epply in the <br />case of acceleration under Section 7 8. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grlevance. The Note or a partial interest in the Note <br />(together with this Security 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 "Loen Servicer") that collects Pariodic Payments due under the Note and <br />this Security Instrument and performs other mortgage loan sarvicing obligations under the Note, this Security <br />Instrument, and.Applicable Caw. There also might be=one or more changes�of the Loan Servicer unrelated to a sale of <br />the� Note. If there.is a change of the Loan Servicer, Borrower wilC be given'written notice of the change which will state <br />the name and address of the new Loen Servicer, the address to which payments should be made and any other <br />information RESPA requires in connaction v�rith a notice of trensfer of servicing. If� the Note is sold and there�fter tha <br />Loan is serviced by a Loan Servieer other than the purchaser of the Note, the�mortgage loan servicing obligations to <br />Borrower will remain with the Loan Servicer or ba tranSferred to a successor Loan Servicer and are not assumed by the <br />Note purchasar unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant <br />or the member of a cless) that arises from the other party's actions pursuant to this Security Instrument or that alleges <br />that tha other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notica given in compliance with the requirements of Section <br />15) of such alieged breach and afforded the other party herato e reasonable period after the giving of such notice to <br />take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, <br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant <br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective ection provisions of this Section <br />20. , . <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazerdous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmentel Law end the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides end herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and redioactive materiels; (b) "Environmental Law" means federal laws <br />and laws of the jurisdiction where the Property is located that relate to health, safety or environmentel protection; (c) <br />"Environmentai Cleanup" includes any response action, remedial action, or removel action, as defined in Environmental <br />Law; and {d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmentel Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to ,da, _anything affecting, the Pro,perty. (aF that. is in violation of any Environmentai .Law, (b) which creates .an <br />Environmental Condition, or ic) which„ due to the pcesence, use, or release of a: Hazardous Substance; creates a <br />condition .that adversely affscts the valuQ:,o.f the Property: . The precedirtg two sentences shall not apply to the <br />presence, Wse, or storega on the Property of small quantities of Hazardous S�bstancea that are generally recognized to <br />ba appropriate to normal residentiai uses and to maintenance of the Praperty (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 ar other action <br />by any governmental ar regulatory agenay or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited <br />to, eny spilling, leaking, discherge, release or threat of release of any Hazardous Substance, and (c) eny condition <br />caused by the presence, use or release of a Hazardous Substance which advarsely affects the value of the Property. If <br />Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other ramediation of any Hezardous Substance affecting the Property is necessary, Borrower shali promptly take all <br />necessary remedial actions in eccordance with Environmental Lew. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice 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 />Applicable Law provides otherwisel. The notice shell specify: (a) the default; (b) the action required to cure the default; <br />(cl a date, not Iess than 30 days from the date'the notice is given Yo Borrower, bq which tHe default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument 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-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 af all sums secured by this Security Instrument without <br />further demand end may invoke the power of sale and any other remedies permitted by Applicebl� Law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided In this Sectlon 22, inbiuding, but not limited <br />to, reasanable attorneys' fees and costs of title evidence. <br />If the power of sale is invaked, Trustee shall record a notice of def�ult in each county in which 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 Lew. After the time required by Applicable Law, Trustee shell give public <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Pege 6 of 7 <br />� `1 <br />