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�o�2o�s�� <br />Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in tlus Security Instrument: (a) words of the masculine gender shall mean and include corresponding <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretion without any obligarion to take any action. <br />16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />17. Transfer of the Property; Acceleration; Assumption. Tlus loan may be declared immediately due and <br />payable upon transfer of the property securing such loan to any transferee, unl�s the acceptability of the <br />assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. The <br />acceptability of any assumption shall also be subject to the following additional provisions: <br />(a) Funding Fee: A fee equal to one-half of 1 percent of the balance of this loan as of the date <br />of transfer of the property shall be payable at the time of transfer to the loan holder or its suthorized <br />agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the <br />time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, <br />shall bear interest at the rate herein provided, and at the option of the payee of the indebtedness <br />hereby secured or any transferee thereof, shall be immediately due and payable. This fee is <br />automatically waived if the assumer is ezempt under the provisions of 38 U.S.C. 3729(c). <br />(b) Processing Charge: Upon application for approval to allow assumption of this loan, a <br />processing fee may be charged by the loan holder or its authorized agent for determining the <br />creditworthiness of the assumer and subsequently revising the holder's ownership records when an <br />approved transfer is completed. The amount of this charge shall not ezceed the mazimum <br />e.ctablished by the Deparlment of Veterans Affairs for a loan to which Section 3714 of Chapter 37, <br />Title 38, United States Code applies. <br />(c) Indemnity Liability Assumption: If this obligation is assumed, then the assumer hereby <br />agrees to assume sll of the obligations of the veteran under the terms of the instruments creating and <br />securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to <br />the eztent of any claim payment arising from the guaranty or insurance of the indebtedness created <br />by this instrument <br />If the acceptability of the assumption of this loan is not established for any reason, and Lender ezercises <br />its option to declare all sums secured by this 5ecurity Instrument immediately due and payable, Lender shall <br />give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date <br />the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this <br />Security Instrumen� If Borrower fails to pay these sums prior to the ezpiration of this period, Lender may <br />invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bonower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a)- <br />five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such <br />other period as Applicable Law might specify for the terminarion of Borrower's right to reinstate; or (c) entry of a <br />judgment enforcing this Security Instrument. Those conditions aze that Bonower: (a) pays Lender all sums which <br />then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default <br />of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, <br />but not limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the <br />purpose of protecting Lender' s interest in the Properly and rights under this Security Instrument; and (d) takes such <br />action as Lender may reasonably require to assure that Lender' s interest in the Property and rights under this Security <br />Instrument, and Bonower' s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. <br />Lender may require that Bonower pay such reinstatement sums and expenses in one or more of the following forms, <br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' s check or cashier' s check, <br />provided any such check is drawn upon an institurion whose deposits are insured by a federal agency, instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Bonower, ttus Security Instrument and obligations <br />NEBRASKA-Single Family-UNIFORMINSTRUMENT DocA�aglc� <br />MODIFl� FOR DEPARTMENT OF VEfERANS AFFAIRS - MERS www.docmagic.com <br />(Rev. 1/01) Page 10 of 14 <br />IIIUIIII IIIIII I II IIII (III I I II I II u I I IIIIII�I IIIIIIIIIII I'� <br />