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20110�16�
<br />the transfa� of title by Borrower at a future date to a purchaser. `
<br />If all or any part of the ProperYy or any Interest in #he Property is sold or transferred (or if Borrower is not e natural
<br />person end a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lander may
<br />require immediate payment in full of all sums secured by this Security Instrument. However, this option shell not be
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lendar sheil give Borrower notice of acceleretion. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordence with Section 15 within which Borrower must
<br />pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
<br />period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Borrower.
<br />79. Borrower's Right to Reinstate After Acceleration. If Borrower meets certein conditions, Borrower shall have
<br />tha 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 as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; or ic) 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 />this Security Instrument and the Note as if no acceleration had occurred; (b► cures any default of any other covenants
<br />or agreement§; (c) pays all� expenses incurred in enforcing this Security Instrument, including, but not limited to,
<br />reasonable attomeys' fees, pa�operty inapection end valuation fees, and other fees incurred for tFie purpi�se of protecting°
<br />Lender's interest in the Praperty and rights under this Security Instrument; and (d) takes such action as Lender may
<br />reasonably require to assura that Lender's interest in the Property and rights under this Security Instrument, and
<br />Borrower's obiigation to pay the sums secured by this Security Instrument, shall continue unchenged. Lender may
<br />require that Borrower pay such rainstatement sums and expenses in one or more of the following forms, as selected by
<br />Lender: (a) cash; (b) money order; (c) certified check, bank chack, treasurer's check or cashier's check, provided any
<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 obligations secured hereby
<br />shall remain fully effective as if no acceleration had occurred. Howevar, this right to reinstate shell not apply in the
<br />case ot acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or e partial interest in the Note
<br />(together with this Security Instrumant) 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 "Laan Servicer") that callects Periodic Payments due under the Note and
<br />this Security Instrument and performs other mortgage loen servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There elso might be one -or' more changes of the Loan Servicer unrelated to a sele of
<br />the Note: If there is a change of the Loan Servicer, Borrowerwill 6e given written notice of the change which will state
<br />the name and address of the new Loan Servicer,�the address to^which payments should ba made and-any other
<br />information RESPA requires in connection with a notice of transfer of servicing: If the Note is sold end thereafter tFie
<br />Loan is serviced by a Loan Servicer other then the purchaser of tha Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the toen Servicer or be transferred to a successor Loen Servicer and are not assumed by the
<br />Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action 1�'s either en individuaf litigant
<br />or the member of a class) that arises from the other party's actions pursuant to this Security�lnstrument or that alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
<br />Borrower or Lander has notified the other party (with such notice given in compliance with the requirements bf Section
<br />15) of such alleged breach and afforded the other perty hereto a 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 tima period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br />apportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrowar pursuant
<br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corractive action provisions of this Section
<br />za. ..� .:,. .. .-. . ,<; : , : . , ,
<br />. _ .., .... ,,_ ,,,
<br />21. Hazardous Substences. As used �in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Lew and the following substances:
<br />gasoline, kerosene, other flammable or toxic petrolaum products, toxic pesticides and herbicides, Volatile solvents;
<br />materials containing asbestos or formaldehyde, and redioactive materials; (b) "Environmental Law" means federal laws
<br />and laws of the jurisdiction where the Property is locatad thet relate to health, sefety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial ection, or removal ection, 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 eause or permit the presence, use, disposal, storege, 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 do, anything affecting the Property (a) that is in violation of any. Environmental Law, (b) which creates en
<br />Environmentai Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition , that advarsely affacts the value of the Property. . The preceding two sentences shall not apply' to the
<br />presence, use, or storage on the Property of small qwantities of Mazardous Substances that are generally recognized to �
<br />be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
<br />substances in consumer products). �
<br />Borrower shall promptly give Lender written notice of (aP any investigation, claim demand, lawsuit or other action
<br />by eny govemmental or regulatory agency or privete party involving the Property and any Hazardous Substence 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
<br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If
<br />Borrowar learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or
<br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take ail
<br />necessary remediel actions in eccordance with Environmental Lew. Nothing herein shall create any obligation on Lender
<br />for en Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and egree 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 acceleretion under Section 18 unless
<br />Applicabla taw provides otherwise). The notice shall specify: (a) the default; (b) the action requlred to cure the defeult; _
<br />(c) a date, not iess than 3d days from t„e the notice is given fo Borrower.' by which 4he default must be�cured; and
<br />(d) that failure to cure the defauit on or,before the date specified in the notice may result in acceleretion 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 e default or any other
<br />defense of Borrower to ecceleration 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 and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender ahall be
<br />entitled to collect all expenses 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 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 copies of such notice in the manner prescribed by Applicable Law to Borrower and to
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Page 6 of 7
<br />Form .3028 1 /01
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