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200410472
<br />shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change
<br />of address, then Borrower shall only report a change of address through that specified procedure. There may be only one
<br />designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it
<br />or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice
<br />to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
<br />actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the
<br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
<br />governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
<br />in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract. 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 given effect
<br />without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
<br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and
<br />(c) the word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
<br />"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
<br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which
<br />is the transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
<br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised
<br />by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all
<br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
<br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:
<br />(a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other
<br />period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
<br />this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
<br />attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest
<br />in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
<br />assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the
<br />sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
<br />reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
<br />certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
<br />whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon
<br />reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no
<br />acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
<br />interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
<br />sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note
<br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
<br />and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there
<br />is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address
<br />of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in
<br />connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
<br />other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
<br />or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the
<br />Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
<br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that
<br />the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower
<br />or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such
<br />alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will
<br />be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
<br />Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br />satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
<br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition,
<br />or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the
<br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
<br />quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />NEBRASKA - single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1101 (page 7 of 9 pages)
<br />F16565.1-MG (11/00) ES 1-i 122T-a,
<br />2434250
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