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I � -ill 200306009
<br />feminine gender, (b) words In rho singular shell mean and Include the plural and vice versa; and (e) the word "dmay" gives sole discretion without
<br />any obligation to lake 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, "Interval in the Property" maters any legal or
<br />beneficial interest in the Property, Including, but not limited lo, Ihi beneficial interests transferred In a bond for deed, contract for deed,
<br />Installment sales contract or escrow agreement the Intent of which Is the transfer of title by Borrower m 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 natural person and a beneficial
<br />interest in Burrower is sold or hersh led) without Lender's prior wdlten consent, Lender may require immediate payment In full of all sums
<br />secured by this Security Instmmordt- However, this option shall not be exercised by Lender if such ex.rcise Is prohibited by Applicable Law.
<br />It Lender exercises this option. Lender shall give Borrower notice of acceleration. The nawd shall provide a period of not less than 30 days
<br />from the date the marine is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If
<br />Borrower fails to pay these rums prior to the expirstion of this period, Lender may Invoke any remedies permitted by this Security Instrument
<br />without further notice or demand on Borrower
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Renewer shall have the right to have
<br />enforcement of this Sarurlty, Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Properly pursuant to any
<br />power of sale contained In this Security Instrument: (b) such ether period as Applicable I aw might specify for the termination of Borrower's right to
<br />reinstate; or (e) entry of a judgment enforcing this Seeurlty Instrument. Those conditions are that Borrower (a) pays Lender all sores which then
<br />would be due underthis Security Instrument and the Note as If no acceleration had occurred, (b) crops any default of any other covenants or
<br />agreemalls;(c) pays all expenses incurred In enforcing this Security Instrument, including, but not limited in, reasonable attorneys' fees property
<br />inspection and valuation fees, and other fees incurred for the purpose of producing Lender's Interest In the Property and rights under this Security
<br />Instrument, and (d) takes such action as Leader may reasonably require to assure Pint Lenders Interest In the Property and rights under Ihis
<br />Security Instrument. and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may
<br />require that Burrower pay such reinstatement sums and expenses In one or more of the following forms, as selected by Lender: (a) cash', (b)
<br />nay order, (c) ceratied check, bank check, treasurer's check or cashier's check, provided any cinch drank Ls drawn upon en Institution whose
<br />opposite am insured by a federal agency, Instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinshopo tit by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not
<br />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 interest in the Note (together with this Security
<br />Instrument) ban he sold one or more times without prior notice to Borrower. A sale might result In a change in the entity (known as Pte "Loan
<br />Servicer ") that collects Periodic Payments due under the Not, and this Seeurlty Instrument and performs other mortgage loan servicing obligations
<br />under the Note, this Security Instrument, and Applicable L'aw. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of the Note- If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the carne and address
<br />of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires In connection with a notice
<br />of transfer of servicing. If the Note Ir sold and thereafter tine Lean is serviced by a I can Servicer other than the purchaser of the Nor., the
<br />mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
<br />assumed by the Nnte purchaser unless otherwise provided by the Non purchaser.
<br />Neither Borrower nor Lender may commence, loin, or be joined to any fudldal action (as either an individual litigant or the member of a
<br />each that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision
<br />of or any duty owed by reaspn of this Security Instrument until such Borrower or Lender has notified the other party (with such notice yiven in
<br />compliancy with the mqulrements of Section 15) of such Alleged breanh and afforded the under party hereto a reasonable period after The giving
<br />of such nodor, to take cermutive action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will de deemed to be reasonablo for purposes of this pargraph. The notice of acceleration and opportunity to cure given to Borrower
<br />pursuant to Section 22 arid the normd of acceleration given to Borrower pursuant to Section 18 shall be, deemed to satisfy the police and
<br />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 toxic or hazardous
<br />substances, pollutants, or wastes by Environmental Law and the fulowiny substances gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxlo pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, (b)
<br />"Environmental Law" means federal laws and Taws of the jurisdiction where the Property Is located that relate to health, safety or environmental
<br />protection', (e) "Environmental Cleanup" includes any response action, remedial action, or removal,anikrcq -As hernial Environmental Law, and
<br />(d) sn "Environmental Condition " rtreans a condition that can cause, contribute to, or unilav ce trigger dd£bvironhu mWl9leynup.
<br />Borrower shall not cause or parmll the presence, use, disposal, storage, or release of any H ertfous 9iriSswrai Avirrhhhreaten to release any
<br />Hazardous Substances- on or In the Property. Borrower shall not do, nor allow anyone, else to , anytfdiog ahec Ili Property (a) that is In
<br />violation of any Environmental Law. (b) which creates an Environrtrerlal Condition, or (c) which, �riue to the presence, use, or release of a
<br />Hazardous Substance, creates a contlition that adversely Amas the value of the Property. The preceding two sentences shall not apply to the
<br />presoncc, use, or stnmge on the Property of small quantities of Hazard Substances that are generally recognized to be appropriate to normal
<br />residential may and to malnterdanne of the Property (including, but nor limited to hazardous substances in consumer products).
<br />Borrower shall pmmpey give Lend.r written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or
<br />regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br />knowledge, (b) any Environmental Condition. Including but not limited to any spilling, leaking, discharge, release or threat of mlease of any
<br />Hazardous Substance, and (c) any condition caused by tine presence use or release of A Hazardous Substance which adversely affects the value
<br />cf the Property. It Borrower learns or is notified by any governmental or regulatory authority, or any private partt that any ramoval or other
<br />remediation of any Ilazardoua Substance affecting the Property Is nace_ssary , Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law- Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NONUNIFORM COVENANTS. Burrower antl Lender further covenant and agree as follows.
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
<br />or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The
<br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the sate the notice is
<br />given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specifetl in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further
<br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or
<br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the sate specified in the notice, Lender at
<br />its option may require immediate payment in full of all sums secured by This Security Instrument without further demand and may invoke
<br />the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred In
<br />pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Properly is located
<br />and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
<br />Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by Applicable Law. Trustee, without tlemand on Borrower, shall sell the Property at public auction to the highest bidder at the
<br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
<br />may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.
<br />Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dead conveying the Property. The recitals
<br />in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the
<br />sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the
<br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security
<br />Instrument; and (c) any excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payndent of all sums secured by this Security Instrument. Lender shall request Trustee to mcnnvey the Property
<br />and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey
<br />tine Property without warranty to the person or persons legally entitled to it Such person or persona shall pay any recordation costs. Lender may
<br />charge such person or persons o fee for reconveying the, Property, but only if the fee is paid to a third party (such a the Trustee) torsarvius
<br />rendered and the charging of the fee is pemhided under Applicable Law.
<br />24. Substitute Trustee. Lentler, at its option, may from time to time remove Trustee and appoint a successor Trustee to any Trustee
<br />NEBRASKA - Single Family Fannie MacyFreddie Mac UNIFORM INSTRUMENT Form 30281/01
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