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201108�94
<br />If Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is given in accordance with Section 15 within hich Bonower
<br />must pay all sums secured by this Security Instnunent. If Bonower fails to pay these sums prior to e expiration of
<br />this period, Lender may invoke any remedies permitted by this Security Instrument without further n tice or demand
<br />on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bonower shall
<br />have the right to have enforcement of this S�urity Instnunent discontinued at any time prior to the liest of: (a)
<br />five days before sale of the Property pursuant to any power of sale contained in this Security Ins ent; (b) such
<br />other period as Applicable I,aw might specify for the termination of Borrower's right to reinstate; (c) entry of a
<br />judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender 1 sums which
<br />then would be due under this Secutity Instntment and the Note as if no acceleration had occurred; (b) c es any default
<br />of any other covenants or agreements; (c) pays all expenses incurred in enforcing this S�urity Ins ent, including,
<br />but not 1'united to, reasonable attomeys' fees, properly inspection and valuation fees, and other fees ' curred for the
<br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument; an(d) takes such
<br />action as Lender may reasonably require to assure that Lender's interest in the Property and rights und r this Security
<br />instrument, and Bonower's obligation to pay the sums secure� by this Security Instrument, shall cont' ue unchanged.
<br />I.ender may require that Bonower pay such reinstatement sums and expenses in one or more of the f�lowing forms,
<br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's che,ck or hier's check,
<br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency,�trumentality
<br />or entity; or (d) Ele�tronic Funds Transfer. Upon reinstatement by Bonower, this Security Instrument d obligations
<br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right t reinstate sha11
<br />not apply in tke case of acceleration under Section 18.
<br />20. 5ale of Note; Change of Loan 5ervicer; Notice of Grievance. The Note or a partial inte est in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Bonowe . A sale might
<br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due der the Note
<br />and this 5ecurity Instrument and performs other mortgage loan servieing obligations under the Not , this Security
<br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer elated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the ch ' ge wluch will
<br />state the name and address of the new Loan Servicer, the address to which payments should be mad and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sol and thereafter
<br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servic g obligations
<br />to Borrower will remain with the Loan Servicer or be transfened to a successor Loan Servicer and 'e not assumed
<br />by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Bonower nor Lender may commence, join, or be joined to any judicial action (as eithe an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Ins rument or that
<br />alleges that the other party has breached any provision of, or any duty owed by reason of, this S� ty Instrument,
<br />until such Bonower or Lender has notified the other party (with such notice given in compliance with th requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take conective action. If Applicable Law provides a time period which must elapse before certain action
<br />can be taken, that tune period will be deemed to be reasonable for purposes of this pazagraph. The notice of
<br />acceleration and oppoTlunity to cure given to Borrower pursuant to Section 22 and the notice of acc leration given
<br />to Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take co ective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" aze th se substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the follow' g substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, vo atile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environme tal protection;
<br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an"Environmental Condition" means a condition that can cause, co tribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardo 5ubstances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Bonower shall not do, nor all w anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) w ch creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Subst�nce, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences sha11 no apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are gener ly recognized
<br />to be appropriate to normal residential uses and to ma.intenance of the Property (including, but ot limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, l suit or other
<br />action by any govemmental or regulatory agency or private party involving the Property and any Hazar ous 5ubstance
<br />or Environmental Law of which Bonower has actual knowl�ge, (b) any Environmental Condition, in luding but not
<br />limited to, any spilling, leaking, dischazge, release or threat of release of any Hazardous Substanc' , and (c) any
<br />condition cause�i by the presence, use or release of a Hazardous 5ubstance which adversely affects e value of the
<br />Properly. If Borrower learns, or is notified by any governmental or regulatory auth�rity, or any pri te party, that
<br />any removal or other remediation of any Hazardous Substance affecting the Properly is ne,cessary, nower shall
<br />promptly take a11 necessary remedial actions in accordance with Environmental Law. Nothing herein s all create any
<br />obligation on Lender for an Environmental Cleanup.
<br />IYL A� .
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Form 3028 1/01 Page 8 of 1 1
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<br />Ne3028.dot.xml
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