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200304014 <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the in <br />Property" bend means contract for dead,cinfstalln ent in the Property, o c or escrow agreement, the intent of which) sI the transfer off the by <br />Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Propert y Is sold or been cons (or if <br />Lender mea Israg uve natural immediate payment <br />beneficial interest in Borrower is sold or transferred) without Lenders prior written consent, y 4 <br />in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exorcise is <br />prohibited by Applicable Law. <br />If Lender exorcises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less <br />than 30 days from the date the notice is given in accordance with Section 15 within which BorrowLendertmay all sums secured <br />any remedies <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, y <br />permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration, II Borrower meets certain conditions, Borrower shall have the <br />right to have enforcement of this Security Instrument darentinuod at any time such to oche earliest of f (a) five days before <br />Lew might specify <br />of the <br />Property pursuant 10 any power of sale contained ofhic Swdtof aeongmenY enforcing this Security Instrument. Those conditions <br />for the termination of Borrower's right to reinstate; O entry 1 as if no <br />are that Borrower. (a) pays Lender all sums which then would be due under this Security nallrex eases d'Incureredoke enforcing <br />acceleration had occurred; (b) cures any default of any other covenants or agreements; <br />( inpays ction and valuation fees, and other <br />this Security Instrument, including, but not limited to, reasonable attorneys' fees, properly p, and d takes <br />fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; ( ) <br />such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security <br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may as s <br />require that Borrower pay s codified check, bank check treasurer's eheekror cashier's check, provided any inch III by drawn) <br />cash; Of money order', ( ) <br />upon an institution whose deposit aunt elnstrom a federal obligations secured heireb rshall yremed'In fully effectivenas Transfer no accleral on <br />reinstatement by Borrower, Y <br />had occurred. However, this right to reinstate shall not apply in the case of accelere ion under Section 18, <br />20. Sale of Note; Change of Loan Servicer Notice of Grievance. The Note or a partial interest in the Note (togother <br />with this Security Ininmmem can be sold one or mare limos without prior notice to Borrower. A sale might result in a change In the <br />entity (known as the "Loan �ervicer") that collets Periodic Payments due under the Note and this Security Instrument and performs <br />other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable law. There also might be one or <br />iven <br />more changes of the Lean Servloar unrelated to a sale of the Note. II there is a change of the Loan Sessich which peer will be given <br />written notice of the change which will state the name and address of the now Loan Servicer, the <br />be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and <br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to <br />Borrower will remain with the Lean Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note <br />purchaser unless otherwise provided by the Note purchaser. <br />judicial action (es either an individual litigant or the <br />Neither Borrower nor Lender may commence, loin, or be joined to any <br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other pang <br />has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has raffle <br />other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other <br />which cold a <br />elapse before period after atone of such notice to <br />[hat time period wllll be deemedlfto pbecrealsonuble provides pure purposes period <br />which <br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of <br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to lake corrective action <br />provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21, (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances '. gasoline, korosene, other <br />m <br />flamable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbesms or <br />formaldehyde, and radioactive materiels; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property <br />is located that roeate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, <br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that <br />can cause, corunbute te, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten <br />to release any Hazardous Substances, on or in the Prepeny. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Properly a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the <br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value b the Property. The <br />preceding two sentences shall not apply to the presence, use, or storage on the Prof of small uantiPro of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance. f the Property (including, <br />but not limited to hazardous substances in consumer prodi claim, demand, lawsuit or other action by any <br />Borrower shall promptly give Lender written notice of (a) any investigation, <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of <br />which Borrower has acWal knoweedgor (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, <br />release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a <br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal etcher remediation of any Hazardous Substance affecting the Property Is <br />necessaryo Borrower <br />ion n Lander Poll an Emir minimal CleanuPlal actions In accordance with Environmental Law, Nothing herein shall <br />create NON -UNI FORM COVENANTS. Borrower and Lender further covenant and agree as follows <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice shallfurther inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />NEBRASKA -single FemIIV-FSnnle MedFrW Eli Msc UNIFORM 3TATEMem <br />zme no oar 01111 sae <br />Fi,m eaxe tint lr=a•ed TV•c�l �¶ ��, <br />