|
202402814
<br />LOAN #: **5797
<br />contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at
<br />a future date.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
<br />is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
<br />written consent, Lender may require immediate payment in full of all sums secured by this Security
<br />Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will pro-
<br />vide a period of not less than 30 days from the date the notice is given in accordance with Section 16
<br />within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
<br />these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted
<br />by this Security Instrument without further notice or demand on Borrower and will be entitled to collect
<br />all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys'
<br />fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Lender's
<br />Interest in the Property and/or rights under this Security Instrument.
<br />20. Borrower's Right to Reinstate the Loan after Acceleration. If Borrower meets certain condi-
<br />tions, Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument
<br />discontinued at any time up to the later of (a) five days before any foreclosure sale of the Property, or
<br />(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate.
<br />This right to reinstate will not apply in the case of acceleration under Section 19.
<br />To reinstate the Loan, Borrower must satisfy all of the following conditions: (aa) pay Lender all sums
<br />that then would be due under this Security Instrument and the Note as if no acceleration had occurred;
<br />(bb) cure any Default of any other covenants or agreements under this Security Instrument or the Note;
<br />(cc) pay all expenses incurred in enforcing this Security Instrument or the Note, including, but not limited
<br />to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees
<br />incurred to protect Lender's interest in the Property and/or rights under this Security Instrument or the
<br />Note; and (dd) take such action as Lender may reasonably require to assure that Lender's interest in
<br />the Property and/or rights under this Security Instrument or the Note, and Borrower's obligation to pay
<br />the sums secured by this Security Instrument or the Note, will continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of
<br />the following forms, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank
<br />check, treasurer's check, or cashier's check, provided any such check is drawn upon an institution whose
<br />deposits are insured by a U.S. federal agency, instrumentality, or entity; or (ddd) Electronic Fund Transfer.
<br />Upon Borrower's reinstatement of the Loan, this Security Instrument and obligations secured by this
<br />Security Instrument will remain fully effective as if no acceleration had occurred.
<br />21. Sale of Note. The Note or a partial interest in the Note, together with this Security Instrument,
<br />may be sold or otherwise transferred one or more times. Upon such a sale or other transfer, all of Lender's
<br />rights and obligations under this Security Instrument will convey to Lender's successors and assigns.
<br />22. Loan Servicer. Lender may take any action permitted under this Security Instrument through
<br />the Loan Servicer or another authorized representative, such as a sub -servicer. Borrower understands
<br />that the Loan Servicer or other authorized representative of Lender has the right and authority to take
<br />any such action.
<br />The Loan Servicer may change one or more times during the term of the Note. The Loan Servicer
<br />may or may not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect
<br />Periodic Payments and any other amounts due under the Note and this Security Instrument; (b) perform
<br />any other mortgage loan servicing obligations; and (c) exercise any rights under the Note, this Security
<br />Instrument, and Applicable Law on behalf of Lender. If there is a change of the Loan Servicer, Borrower
<br />will be given written notice of the change which will state the name and address of the new Loan Ser-
<br />vicer, the address to which payments should be made, and any other information RESPA requires in
<br />connection with a notice of transfer of servicing.
<br />23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with
<br />Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of
<br />such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to
<br />any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other
<br />party's actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has
<br />breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period
<br />that must elapse before certain action can be taken, that time period will be deemed to be reasonable
<br />for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and
<br />the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice
<br />and opportunity to take corrective action provisions of this Section 23.
<br />24. Hazardous Substances.
<br />(a) Definitions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws
<br />where the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous
<br />Substances" include (A) those substances defined as toxic or hazardous substances, pollutants, or
<br />wastes by Environmental Law, and (8) the following substances: gasoline, kerosene, other flammable or
<br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021
<br />ICE Mortgage Technology, Inc. Page 12 of 14 NE21 EDEED 0222
<br />NEEDEED (CLS)
<br />06/20/2024 10:05 AM PST
<br />
|