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e �. ., . e s. 20120127 �
<br />transferrad in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
<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 Properry 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. However, this optlon shall not be
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. 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 pey 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 />19. Borrower's Right to Reinstate 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 as
<br />Applicable Law might specify for the termination 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 />this Security Instrument and the Note as if no acceleretion had occurred; (b) cures any default of any other covenants
<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, 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 as 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 reinstetement sums and 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 entity; or (d)
<br />Electronic Funds Transfar. Upon reinstatement by Borrower, this Security Instrument and obligations 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 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or e pertial 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 (knawn as the "Loan Servicer°) thet collects Periodic Payments 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 chenges of the Loan Servicer unrelated to a sale of
<br />the Note. If there is a change of the Loan Servicer, Borrower will be 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 be made and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Nota is sold and thereafter the
<br />Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not essumed 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 ection (as either an individual litigent
<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 perty 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 requirements of Section
<br />15) of such alleged breach and efforded the other party 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 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 ecceleration given to Borrower pursuant
<br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law end the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and 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 environmental protect(on; (c)
<br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmentel
<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 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 an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that edversely affects the value of the Property. The praceding two sentences shall not epply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to
<br />be appropriate to normal residential uses and to meintenance of the Property (including, but not limited to, hazardous
<br />substances in consumer productsl.
<br />Borrower 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 Hezardous Substance, end (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 />Borrower learns, or is notified by any governmental or regulatory authority, ar any private party, thet any removal or
<br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create eny obligation on Lender
<br />for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree es fallows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleretlon following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Sectlon 18 unless
<br />Applicable Law provides otherwisel. The notice shall specNy: (a) the default; (b) the action required to cure the default;
<br />(c1 a date, not less than 30 days from the dete the natice Ps given to Borrower, by which the default must be cured; end
<br />(d) that failure to cure the default on or before the date specifled in the notice may result in acceleretion of the sums
<br />secured by this Security Instrument and sele of the Property. The notice shall further inform Borrower of the right to
<br />reinstate after acceleratian and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrower to acceleratian and sele. If the default is not cured an or before the date specifled In the notice,
<br />Lender at its option may require immediate payment in full of aIl sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies perm(tted by Applicable Law. Lender shall be
<br />entitled to collect all expenses incurred tn pursuing the remedies provPded in thls Section 22, including, but not limited
<br />to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Truatee shell record e notice of defauit in each county in which eny part of the
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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