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wa • 201310000
<br /> transferred 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 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. However, this option 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 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 /> 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 acceleration had occurred; (b) cures any default of any other covenants
<br /> or agreements; (c) pays all 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 reinstatement 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 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 Transfer. 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 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 "Loan Servicer") that 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 changes 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 Note 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 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 (as 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 requirements of Section
<br /> 15) of such alleged breach and afforded 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 acceleration 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 and 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 radioactive materials; (b) "Environmental Law" means federal laws
<br /> and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
<br /> "Environmental Cleanup" includes any response action, remedial action, or removal action, 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 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 adversely affects the value of the Property. The preceding two sentences shall not apply 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 maintenance of the Property (including, but not limited to, hazardous
<br /> substances in consumer products).
<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 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 /> Borrower 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 all
<br /> necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any 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 notice to Borrower prior to acceleration following Borrower's
<br /> breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
<br /> Applicable Law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;
<br /> (c) a date, not less than 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 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 a default or any other
<br /> defense of Borrower to acceleration 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 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 /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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