Laserfiche WebLink
201400076 <br /> Governing Law; Severability.This Security Instrument shall be governed by federal law and the laws of the state <br /> of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br /> Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br /> given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note <br /> are declared to be severable. <br /> Borrower's Copy. Borrower shall be given one copy of this Security Instrument. <br /> Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br /> natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br /> immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br /> exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note <br /> shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and <br /> follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require <br /> immediate payment in full of all sums secured by this Security Instrument. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br /> period of not less than the minimum number of days established by Applicable Law from the date the notice is <br /> delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower <br /> fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br /> Security Instrument without further notice or demand on Borrower. <br /> Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br /> enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br /> period as Applicable Law may specify for reinstatement)before sale of the Property pursuant to any power of sale <br /> contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br /> conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br /> and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br /> pays all expenses incurred in enforcing this Security Instrument, including,but not limited to,reasonable attorneys' <br /> fees to the extent permitted by law; and (d)takes such action as Lender may reasonably require to assure that the <br /> lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br /> by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br /> and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br /> right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a <br /> Beneficial Interest in Borrower. <br /> Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br /> Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the <br /> entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br /> Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br /> a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section <br /> titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br /> address to which payments should be made. The notice will also contain any other information required by <br /> Applicable Law. <br /> Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting <br /> the Property that is in violation of any Environmental Law. 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 <br /> to be appropriate to normal residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation,claim, demand, lawsuit or other action by <br /> 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. If Borrower learns, or is notified by any <br /> governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br /> the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br /> Environmental Law. <br /> As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br /> products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br /> radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of <br /> Nebraska that relate to health, safety or environmental protection. <br /> 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 the <br /> section titled Transfer of the Property or a Beneficial Interest in Borrower,unless Applicable Law provides <br /> otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br /> not less than the minimum number of days established by Applicable Law from the date the notice is given <br /> to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br /> date specified in the notice may result in acceleration of the sums secured by this Security Instrument and <br /> sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br /> to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br /> CO 2004-2012 Compliance Systems,Inc CECA-FDFA-2011L2 10 600 <br /> Consumer Real Estate-Security Instrument DL2036 Page 4 of 5 www comphancesystems con, <br />