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<br /> at its option and without prior notice or deuland sball have the right to declare the indebtedness secured by the
<br /> Security Instrument, iaespective of the maturity date specified in the Note or notes secured bq the Security Instrumeut,
<br /> immecliately due and payable. Trustee, upon pzeseutadoa to it of an affidavit signed bq L.ender setting fortlx facts
<br /> showiz� a de�ault by Boxrovncz uud�z this �azagraph, is authorized to accept as crue and condusive all facts and
<br /> stacements therein, and to act fhereon hereunder.
<br /> 29. �`iinat xs of the Fssence. Time is of the esscncc xn the performance of each provision of tlus Security
<br /> z�o�sa�uzue�ac. ,
<br /> 30. Wai�vac o�Staditt of Linaitaflio�as. T1xe pleadang of the statute of limitations as a defeiue to en£orcement of
<br /> this Security Instrume.nt, or any and aU obligations zefezred to hezein or secured hereby, is hereby waived to t2ae fullest
<br /> exteut permatted by law.
<br /> 31. ModiScation. This Securiry Instrument maq be modified or a�aended onlq bq an aereement in writi.ng si�ned
<br /> by Boaower and Lender.
<br /> 32. Capaans. Tlie captions and headings ac the be�inni� of each paragraph o�this Security Instrument are for
<br /> the convenience of reference only and will not be used in the intexpzetation o£ any provision of rhis Secuzity
<br /> Instrument.
<br /> 33. Coamuction of tLe Security Insmrmeat. Borrower and �.e�adez agree that this Security Inst.nimeat shall be
<br /> interpzet�cl ia a £air, equal, and neubral maauer as to each of the parties, and in the event of any ambi�uity herein, no
<br /> inference shall be drawn aga.inst a party by reason of document prepazation.
<br /> 34. Miscellaneous. The terms "include"or "azxcludin,o,"when used in this Security Instrument, sha11 zuean without
<br /> linutation bq reason of eav.nieration. In this Secutity Instxument, whenever rhe context so rcquires, the masculine
<br /> gender includes tl�e feminine and/or neuter, and the si�ilar aumber includ�s tb�e plwcal.
<br /> 35. Reimbuisement. To rhe extent permisted bq applicable law,Borrowez sha11 rei�mburse Tnistee and Lender £oz
<br /> anq and all costs, fees and expenses wluch eicher may incur, expend or sustain in the exeeution of the trust cxeated
<br /> hereu,ndez or in the pezfonmauce of any act required or permitced hereunder or by lavv or in eqvitq oz othe,rwise arising
<br /> out of or in conneetioa with tbi.s Secunity Instzument, tlie Note, any other note secured by this Sec�uzity Instrumanz
<br /> or any other insnvmenc executed bq Boncower in connection with tlie Note or Security Insm�ment. To the extent
<br /> permitted by applicable law, Bonower shall pay to Trustee and Lender their fees in connection avith Tzustee and
<br /> I.andez pzaviding docvmeats ox sarvices arising out of or in connection with rhis Sectuity Instcument, the Note, any
<br /> other note secured bq this Security Instrument or any other instrument executed by Horrower in connection with che
<br /> Note or Security Instniment.
<br /> 36. C�ica� £�ZOZ. In the event Lender at any time discovers tha� che Note, any otb.er nott secured by this Security
<br /> Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security
<br /> Instrument, the Nore or any other note secured bq this 5ecunity Instiument coutains an error �at was caused by a
<br /> clerical miscake, calculation error, camputer malfvnetion, pri.nting ciror or similar error, Borrower agrees, upon notice
<br /> from Lendes, ro reexecute anq documents tha� are aecessary to correct anq suc,h ertor(s). Boirowez fuxther agrees that
<br /> Lender will not be Iiable to Bonower for any damages incurxecl by Borrower tha,t are direcdy or indirectly caused by
<br /> any such error.
<br /> 37. Losc,Stolen, Desaoyed or Mua7ated Security Tnst�uoac�at and Other Dacume,ats. In rhe event of the loss,theft
<br /> or destruction of the Note, anq other note secured by this Security Instrument, the Securit}� Tnu�truuunt or anq othes
<br /> documencs or insmimea�s executed in connection with the Securiry Instrument, Note or notes (collectively, the "Lcan
<br /> Documents"), u�on Borrower's receipt of an indemnificacion execuced in favor of Borrower bq Lendez, or, in the event
<br /> of the mutilation of any of the Loan Documents, upon Lender's surrender to Bozrowtt of the inutilated Loan
<br /> Docunaent, Borxowez shall execute and deliver to Lendes a Loan Document in form and conteat idemtieal to, and to
<br /> serve as a replacement of, the 1ost, stolen, destzoyet�, or ntudlated Loan Docume,n.t and sucla replacement shall k�ave
<br /> the same force in effec� as the lost, stol�n, destroyed, or mutilated Loan Docume.nts, and may be �eated for all
<br /> purposes as che ariginal eopy of sueh Loan Documenc.
<br /> 38. Asd.gnmenc of Rencs. As a�ddiuonal securitq hereunder, Borrower her�by as�ns to Lender che reats of the
<br /> Property, with or withw� r�lcing possession o£tlae Property. Bonower shall have the zzsht to collect and retain the
<br /> rents of the Property as theq become dut and payable provided Levder bas not exacised its rights co require imm�cdiate
<br /> payment in full of che sums secwred by this Security Instrument ancl Bozzower has not abgndoned the P�roperty.
<br /> 39. I.egistadon .�iffeecin►g I.end�t's ��. If evactment or expiration of applicable laws l�as the ef�ect of renderi.ng
<br /> any provision of the Note oz Chis Security Instrument uneufoxceabJ,e according m its terms, �.eader, at irs option, may
<br /> require immediate paynient in full of all sums secuxecl by this Securitq Instnunent and n�y invol:e any zemedies
<br /> peimitted by pazagzaph 2� o£tbas Security Insttument.
<br /> �l If this box is checked, the followiug� paragraph 40 is agreed to by Borrower:
<br /> 40. Owner-Occupancy af S�ty Prvpercy. As an indueem.eut for Lendes to make the loan secured by the
<br /> Security T�utrument, Bozxower has represented to Lender that the Propesty will be occupied by Honower within saxty
<br /> (60) days fol�owiu� recordation of the Securiry Instrument and durin,a the twelve (12) montli period 'urimediately
<br /> followi,ng xecordation of the S2Clllltj� IriS�rnmPnr as Boncowez's pnmary residence. Boirower acknowledges (a) that
<br /> �e�clex would not have agzeed to make the loan evidenced by the Note or notes secured bg tlus Security Uastrum.e,nt
<br /> i£the Property were n�ot ro be owner-occupiecl, and (b) that the interest zate set forth on che face o�the Note a.nd
<br /> other tez�oas o�the loan were determined a� a z�su]t of Bonower's represeutation tliat the Property would be owner-
<br /> occupied. Borrower further ack-nowleclges that, among otlies things (i) purchasers of loans (including agenqies,
<br /> associations and cozporations czeated by the federal and state governments for the purchase of loans) tqpically require
<br /> tI�at properties securing loans acquized by such purchasers be o�yn�ez-occupied, and will reject for purchase loans foz
<br /> which securicy propezaes are not owner-occupied, (ii) Z,ender's ability to se11 a loan or an interes� in a �oan (whicli
<br /> it often does iu the ordinary course of business) will thereby be impai.ted where a securiry propexty is not owner-
<br /> occupied, (iii) the risks involvecl ancl tihe costs of holding and administexing a loau are often higb,tr in the case of a
<br /> loan in wbach the security groperry is not owner-occupied, and (iv) i.£and whcn Lender makes a loan,on the securi[y
<br /> of non-ownez occupied properry, Learller tppicallq�oaal�-es such a loan on ternas differen� from those of loans secured
<br /> NEBRASKA ARM PROGJtAt�S (R}3V. 03/97)
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<br /> Borrovver Inidals _
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