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KEVIN S KISER TINA RISER 2 0�.10 "� � 19 10/14f 2011
<br />Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and
<br />the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
<br />expenses incuned in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property
<br />inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and
<br />rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's
<br />interest in the Property and rights under this Security Instrument, and Bonower's obligation to pay the sums secured by
<br />this Security Instrument, shall continue unchanged. Lender may require that Bonower pay such reinstatement sums and
<br />expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check,
<br />bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are
<br />insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
<br />this 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 1$.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. 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 "Loan Servicer") that collects Periodic Payments due under the Note and
<br />tUis Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
<br />and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If
<br />there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and
<br />address of the new Loan Servicer, the address to which payments should be made and any other information RESPA
<br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
<br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with
<br />the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
<br />otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial actian (as either an individual
<br />litigant or the member of a class) that arises from the other party's acrions pursuant to this Security Insriument or that
<br />alleges that the other parly'has breached any provision of, or any duty owed by reason of, this Securiry Instrument, until
<br />such Borrower or Lender has notified the other party (with such norice given in compliance with the requu'eme�ts of
<br />Section 15} of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice
<br />to 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 />opportuzuty to cure given to Bonower pursuant to Seetion 22 and the notice of acceleration given to Borrower pursuant to
<br />5ection 18 shall be deemed to satisfy the notice and opportunity to take conective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in ttus Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesricides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radiaactive materials; (b) "Environmental Law" means federal laws
<br />and laws of the jurisdiction where the Properiy is located that relate to health, safety or environmental protection; (c}
<br />"Environmental Cleanup" includes any response action, remedial action, or removal 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 />Environmental Cleanup.
<br />Borrower shall not cause or pernnit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allaw anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) wlaich 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
<br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
<br />uses and to maintenance of the Property (including, but not 1'united to, hazardous substances in consumer products).
<br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency 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, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
<br />the presence, use or release of a Hazardous Substance which adversely affects the value of the Properiy. If Borrower learns,
<br />or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of
<br />any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-LTNIFORM 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 under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default on or before the date. specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court
<br />action to assert the non-eaistence of a default or any other defense of Borrower to acceleration and sale. If the
<br />default is not cured on or before the date specified in the notice, Lender at its option may require immediate
<br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the
<br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
<br />ezpenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable
<br />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 wbich any part
<br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public suction to the lughest bidder at the time and place
<br />and under the terras designated in the notice of sale in one or more parcels and in any order Trustee determines.
<br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of
<br />any previously scheduled sale. Lender or its designee 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
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (�) to all costs and expenses of
<br />NEBRASKA--Single Family-�Fannie Mae/Freddie Mac UNIFORM INST$UMENT Form 3028 1101
<br />NE210M Origiaal(Recorded) Cogy(Branch) Copy(Customex') Page7of8
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