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, 99 1079�2 . stolen, destroyed, or mutilated Loan Document and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 38. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security Instrument and Borrower has not abandoned the Property. 39. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 21 of this Security Instrument. � If this box is checked, the following paragraph 40 is agreed to by Borrower: 40. Owner-Occupancy of Security Property. In order to induce Lender to make the loan secured by this Security Instrument, Borrower has represented to Lender that the Property will be occupied by Borrower within sixty (60) days following recordation of this Security Instrument and during the twelve (12) month period immediately following recordation of this Security Instrument as Borrower's primary residence. Borrower acknowledges (a)that Lender would not have agreed to make the loan evidenced by the Note or notes secured by this Security Instrument if the Property were not to be owner-occupied, and (b) that the interest rate set forth on the face of the Note and other terms of the loan were determined as a result of Borrower's representation that the Property would be owner- occupied. Borrower further acknowledges that, among other things (i) purchasers of loans (including agencies, associations and corporations created by the federal and state governments for the purchase of loans)typically require that properties securing loans acquired by such purchasers be owner-occupied, and will reject for purchase loans for which security properties are not owner-occupied, (ii) Lender's ability to sell a loan or an interest in a loan (which it often does in the ordinary course of business) will thereby be impaired where a security property is not owner- occupied, (iii) the risks involved and the costs of holding and administering a loan are often higher in the case of a loan in which the security property is not owner-occupied, and (iv) if and when Lender makes a loan on the security of non-owner occupied property, Lender typically makes such a loan on terms different from those of loans secured by owner-occupied properties. Accordingly, in the event that (a) within sixty (60) days following recordation of this Security Instrument the Property is not occupied by Borrower as Borrower's primary residence, or (b) Borrower does not continuously live in the Property for at least twelve (12) months immediately following recordation of this Security Instrument, Lender may declare all sums secured by this Security Instrument to be immediately due and payable. The rights of Lender hereunder shall be in addition to any rights of Lender under this Security Instrument or allowed by law. 41. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [ ] Planned Unit Development Rider [ ] Condominium Rider [ ] 1-4 Family Rider [ ] Rider A [ ] Rider B [ ] Rider C 42. Arbitration. BORROWER (MAKER, TRUSTOR, MORTGAGOR) VOLUNTARILY AND WILLINGLY AGREES TO SUBMIT TO ARBITRATION ANY CLAIM OR CONTROVERSY BETWEEN THE BORROWER AND THE LENDER ARISING FROM THIS LOAN TRANSACTION. SUCH ARBITRATION SHALL BE INITIATED AND CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE NEBRASKA UNIFORM ARBITRATION ACT (NEB. REV. STAT. § 25-2601 ET SEQ.) AND THE ARBITRATION HEARING SHALL BE HELD IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED. EXCEPTIONS: NOTHING IN THIS AGREEMENT SHALL LIMIT YOUR RIGHT OR OUR RIGHT TO (1) FORECLOSE AGAINST ANY REAL OR PERSONAL PROPERTY COLLATERAL BY THE EXERCISE OF THE POWER OF SALE UNDER A DEED OF TRUST, MORTGAGE OR OTHER SECURITY AGREEMENT OR INSTRUMENT, OR(2)TO EXERCISE SELF-HELP REMEDIES (INCLUDING REPOSSESSION AND SETOFF RIGHTS), OR(3)TO OBTAIN PROVISIONAL OR ANCILLARY REMEDIES, SUCH AS INJUNCTIVE RELIEF, SEQUESTRATION, ATTACHMENT, REPLEVIN, GARNISHMENT, OR THE APPOINTMENT OF A RECEIVER BY A COURT. THE INSTITUTION AND/OR MAINTENANCE OF ANY ACTION OR REMEDY DESCRIBED IN THIS PARAGRAPH SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHT OF BORROWER OR LENDER TO ARBITRATE ANY OTHER DISPUTE UNDER THIS AGREEMENT. THE ARBITRATION SHALL NOT ADDRESS ANY DISPUTE ON A CLASS-WIDE BASIS AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING. NEBRA.SKA Page 7 of 8 NEXX0851 (Rev. 1/28/99) FIXED RATE PROGRAM � Borrower Initial �