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201109257
<br />the transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in full of all sums secured by this Security Instrument. Howevar, this option shall not be
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shell 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 fails to pay these sums prior to the expiration of this
<br />period, Lender mey invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall hava
<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 />Applicable• Law might specify for ghe termination of Borr2iwer's right to reinstate; or (c) entry of a judgment enforcirtg
<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 covenents
<br />or agreements; (c) pays ell expenses incurred in enforcing this Security Instrument, including, but not limited to,
<br />reasonable attorneys' fees, property inspection and valuation fees, end other fees incurred for the purpose of protecting
<br />Lender's interest in the Property end 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 may
<br />require that Borrower pay such reinstatement sums end expenses in one or more of the following forms, es selected by
<br />Lender: (a) cash; (b) money order; (c) certified check, bank check, 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 entiry; or (d)
<br />Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
<br />shall remein fully effective as if no acceleration had occurred. Howevar, this right to reinstate shall not apply in the
<br />case of acceleration under Section 18.
<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 "Loen Servicer") that collects Periodic Peyments due under the Note and
<br />this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There also 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, Borrower will be given written notice of the chenge which will state
<br />the name and address of the new Loan Servicer, the address to which payments should be mede and eny other
<br />information RESPA requires in connection with e notice of transfer of servicing. If the Note is sold and thereafter the
<br />Loan is serviced by e Loan Servicer other than the purchaser of the Note, the mortgege loen servicing obligations to
<br />Borrower will remain with the Loen Servicar or be transterred to a successor Loan 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 judiciel action (es either an individual litigant
<br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument 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 Lender has notified the other party (with such notice given in compliance with the requiremants of Section
<br />15) of such alleged breach end afforded the other party hereto a reasoneble 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 acceleretion given to Borrower pursuent
<br />to Section 18 shell be deemed to satisfy the notice and opportunity to take corrective actfon provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substancas" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastas by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, voletile solvents,
<br />materials containing asbestos or formaldehyde, and radioective materials; (b) "Environmental Law" means federal laws
<br />end laws of the jurisdiction where the Property is loceted that relate to health, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial action, or removal action, es 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 permit the presence, use, disposal, storage, or release of eny Hazerdous Substancas,
<br />or threaten to release any Hezerdous 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 Lew, (b) which creates an
<br />Environmental Condition, or (c) which, due to the.�presence, use, or release of a Hazerdous Substence, creates a
<br />condition that adversely affects the velue of the Property. The preceding two sentences shell not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substancas that are generally racognized to
<br />be appropriate to normal residential uses and to maintenence of the Property (including, but not limited to, hezardous
<br />substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) eny invastigatian, claim, demend, lawsuit or other action
<br />by eny governmental or regulatory agency or private party involving the Property end any Hazerdous Substence or
<br />Environmental Lew of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
<br />to, any spiliing, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any conditian
<br />caused by the presence, use or release of a Hazardous Substance which edversely affects the value of the Property. If
<br />Borrower learns, or is notified by any governmental or reguletory authority, or any private perty, that any removal or
<br />other remedietion of any Hazardous Substance affecting the Property is necessery, Borrower shall promptly take all
<br />nacessary remedial actions in accordance with Environmentel Lew. Nothing herein shall create eny 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 noUce to Borrower prior to acceleretion following Borrower's
<br />breach of any covenant or agreement in this Security lnst[�ment Ibut not ppior to�acceleration under"$ectifln 18'unless
<br />Applicable Law provides otherwise). The notice shall specify: (a) the defeult; (b) the actlon required to cure the default;
<br />(c) a date, not less then 30 days from the date the notice is given to Borrower, by 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 Secur'tty Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstete after acceleration end 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 specifled in the notice,
<br />Lender at its option may require immediate payment in full of 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 shall 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 lacated and shall mail copies of such notice in the manner prescribed by Appllceble Law to Borrower and to
<br />NEBRASKA-Single Family-Fannle Mae/Freddie Mec UNIFORM INSTRUMENT Form 3U28 1/01
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