Laserfiche WebLink
200207651 <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br />given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to <br />be severable <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it <br />is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without <br />Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security <br />Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this <br />Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted <br />by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period) as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security <br />Instrument; or (bb) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower (a) pays Lender all <br />sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (bb) cures any <br />default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but <br />not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this <br />Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument <br />shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall <br />remain fully el Icctive as if no acceleration had occurred. However, this right to reinstate shall not apply in this case of acceleration <br />under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument ) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known <br />as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. There also may be one or <br />more changes of the Loan Servicer unrelated to it sale of the Note. If there is a change of the Loan Servicer, Borrower will be <br />given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and <br />address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other <br />information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br />that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the <br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and <br />to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of <br />which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any <br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this <br />paragraph 20, "Environmental Law" means lederal laws and laws of the jurisdiction where the Property is located that relate to <br />health, safety or environmental protection. <br />NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable <br />law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br />less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the sums secure by this Security <br />Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable <br />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 <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the exercising the power of <br />sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed % of <br />the principal amount of the note at the time of the declaration of default, and reasonable Trustee's and attorneys' fees as <br />permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />02030720 <br />NEBRASKA - Single Family -Faime Mae /Freddie Mac UNIFORM INSTRUMENT Forni 3028 9190 (page 4 of 5 pages) <br />