|
200304601
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for decd, contract for deed, installment sales contract or cn;row agreement, the intent of which is the
<br />transfer of title by Borrower at a future dale to apurehaser.
<br />If all or any part of the Property car any interest in the Property is sold or transferred for if Borrower is not a natural
<br />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 Instnunent. However, this option shall not be
<br />exercised 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 of
<br />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 (hear sums prior to the expiration of this period, Leader
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Bornoer's Right to Reinstate After Acmicralion. If Borrower meets certain conditions, Borrower shall have
<br />the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before
<br />sale of tine Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable
<br />Law might specify for the termination of Borrower's right to mandate; or (c) entry of a judgment enforcing this Security
<br />Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due ruder this Security
<br />Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements;
<br />(c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,
<br />property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader's interest in the Property
<br />and rights under this Security Instrument; mid (d) takes such action as Lender may reasonably require to same that Leader's
<br />interest in the Property and rights under this Security Instrument, mid Borrower's obligation to pay the soma secured by this
<br />Security Instrument, shall contuse unchanged. Lender may require that Borrower pay such reinstatement sums and expenses
<br />in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) crrtificd cheek, bank check,
<br />ocasmer's check or cashier's cheek, provided any such check is drawn upon an institution whose deposits we insured by a
<br />federal agency, in nu mentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations seemed hereby shall remain fully effective as if no aceclemitiou had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration trader Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Now or a partial interest in the Note (together
<br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a
<br />change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. Ilhere also might he our or mom changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
<br />Loan Servicer, Borrower will be given written notice of the change which will state the time and address of the new Loan
<br />Servicer, the address to which payments should be made and any other information RESPA requires in connection with a
<br />notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loran Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or
<br />the member of a class) that arises from the other party's actions purmam to this Security Instrument or that alleges that the
<br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
<br />Lcndcr has notified the other party (with such notice given in compliance with the requirements of Section 15) of such
<br />alleged breach and afforded die other party hereto a reasonable period after the giving of such notice to lake corrective action.
<br />If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will he
<br />deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to care given to Borrower
<br />pursuant in Section 22 mid the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tike
<br />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 substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by F.nviammemal Law and the following substances: gasoline, kerosene,
<br />other flammable in toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos
<br />or formaldehyde, and radioactive materials; (b) "Environmental law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any
<br />NRRRASKA—Single Family —FFmme MedFreddle. Mae t N]FORN WSTRIMENT Form 30281/01
<br />o9EArAND •
<br />nEM 1B16LB 10011) (P., 9 of I Page91 Io O.a O,I , Six .0 9696 O F. 616991.1191
<br />
|