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1 � � � 2 8��'�'�3 3 ��r �V�/��� <br /> materials. As used in this paragraph 19, "Environmental Law"means federal laws and laws of the jurisdiction where <br /> the Property is located that relate to health, safety or environmental protection. <br /> 20. Funding Fee. A fee equal to one-half of one percent of the balance of this loan as of the date of transfer of <br /> the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the <br /> Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an <br /> additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the <br /> option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. <br /> This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C.3729(c). <br /> 21. Processing Charge. Upon application for approval to allow assumption of this loan, a processing fee may be <br /> charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and <br /> subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this <br /> charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section <br /> 3714 of Chapter 37,Title 38, United States Code applies. <br /> 22. Indemnity Liability. If this obligation is assumed, then the assumer hereby agrees to assume all of the <br /> obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further <br /> agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty <br /> or insurance of the indebtedness created by this instrument. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 23. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br /> of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 16 unless <br /> applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br /> default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br /> cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration <br /> of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower <br /> of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br /> or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified <br /> in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security <br /> Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable <br /> law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 23, <br /> including, but not limited 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 located and sha11 mail copies of such notice in the manner prescribed by applicable law to Borrower and <br /> to the other persons prescribed by applicable law. After the time required by applicable law,Trustee shall give public <br /> notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, <br /> shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated <br /> in the notice of sale in one or more parcels and in any order Trustee deternunes. Trustee may postpone sale of all <br /> or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender <br /> or its designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br /> of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed <br /> % of the principal amount of the note at the time of the declaration of default, and reasonable attomeys' fees as <br /> permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons <br /> legally entitled to it. <br /> 24. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br /> to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br /> Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person <br /> or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br /> 25. S�bstitute Trustce. Lender, at its option, may from time to time remove Trustee and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br /> is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br /> conferred upon Trustee herein and by applicable law. <br /> 26. Request for Notices. Borrower request that copies of the notices of default and sale be sent to Borrower's <br /> address which is the Property Address. <br /> 27. Riders to this Security Instniment. If one or mare riders are executed by Borrower and recorded together with <br /> this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend <br /> and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br /> Instrument. [Check applicable box(es)] <br /> aAdjustable Rate Rider � Other(s) [specify] Assumption Rider <br /> � Graduated Payment Rider <br /> NEBRASKA-Single Family-UNIFORM INS1'RUMENT <br /> Document Systems,Inc.(800)6i9-1362 Page 5 of 6 <br />�.. <br />