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200312073 <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1s, "Interest in the but no <br />arbond means contract for deed, Installment lsales contract or escrow agreemenl,lhe intent obeneficial <br />which lls the transfer of title big <br />Borrower at a future date to a purchaser. p _ <br />If all or any part of the Property or any Interest in the Propert y is sold ortransferred (or if LBorrower is not a I iimmedI, payment <br />beneficial interest in Borrower Is sold or transferred) without Lenders prior wrtten consent, y q P y <br />in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is <br />prohibited by Applicable Law. <br />If Lender exercises 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 Borrower must pay all sums secured by <br />this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies <br />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, Borrower shall have the <br />right to have enforcement o this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the <br />Property pursuant to any power of sale contained in this Security Instrument; (o) such other period as Applicable Law might specHy <br />for the termination of Borrower's right to reinstate; or (c) entry of a jud ment enforcing this Security Instrument. Those conditions <br />are that Borrower: (a) pays Lender all sums which than would be due under this Security Instrument and the Note as d no <br />acceleration had occurred; Sb) cures any default of any other covenants or agreemnts; (0) pays all expenses ad inicurresnan f other <br />this Security Instrument, !no uding, but not limited to, reasonable attorneys' fees, property <br />fees incurred for the purpose of protecting Lenders interest In the Property and rights under this Securit Instrument; and (d) takes <br />such action as Lender may reasonably require to assure that Lenders intere st in the Property an rights under this Security <br />Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may <br />require that Borrower pay such reinstatement sums and expenses In one or more of the following forms, as selected by Lender: (a) <br />rash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn <br />upon an Institution 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 aocleration <br />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 interest In the Note (together <br />with this Socurtly In)) cit In a changain f e <br />e one strument an be sold one or more limes without prior notice to Borrower. A sale might resu <br />entity (known as the "Lean Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs <br />or <br />other mortgage loan servicing obligations under the Note, this Security Instrument and Applicable Law. There also might b <br />more changes of the Lean Servicer unrelated to a sale of the Note. If there is a cjrange of Ihs Loan Servicer, Borrower will be given <br />written notice of the changge which will state the name and address of the new Loan Servicer, the address to which payments <br />be made and any other Intormalion RESPA requires in connection with a notice of transfer of servicing. If the Note is <br />sold ld and and <br />thereafter the Loan is serviced by a Loan SeNlcer other than the purchaser of the Note, the mortgage loan servicing obligations to <br />Borrower will remain with the Loan 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 />Neither Borrower nor Lender may commence, join, or be joined to any Iudicial action (as edher an individual litigant or the <br />member of a class) that arises from the other pony's actions pursuant to this Security Instrument or that �ll�pes that the otheer party <br />has breached any provision of, or any dNy owed by reason of, this Security Instrument, until such Borrower ar Lender has elitist other <br />other pony (with such notice given in compliance with the requirements of Section 15) of such alleged broach and afforded the he other <br />party hereto a reasonable period after the givin g of such nonce to take wrrective action It Applicable Law provides a time period <br />which must steps before certain action can be taken, that time period will be doom to be reasonable for purposes of this <br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 end the notice of <br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take 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, kerosene, other <br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property <br />is located that relate to health, safety or environmental protection; (c) "Environmental Clean %p' 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, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, Store 0, or release of any Hazardous Substances, or threaten <br />10 release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to dc, anvthln tluef to the <br />the Property a) that is in violation of anyY Environmental Lew, (b) which creates an Environmental Condition, or (c) )eh, <br />presence, use, or release of a HazaMous Substance, creates a condition that adversely affects the value of the Property. The <br />preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, <br />but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (e) any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private pony involving t e Property and any Hazardous Substance or Environmental Law of <br />which Borrower has actual knowledge, (b) any Environmental Condttion, including but not limited to, any spilling, leaking, discharge, <br />release or threat of release of any Hazardous Substance, and (c) any candibon 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 or other remedlation of any Hazardous Substance affectinq the Property is <br />creny Borrower promptly l an Environmental necessary actions in accordance with Environmental Law. Nothing herein shall <br />sol a obligation on Leder <br />NON - UNIFORM 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 90 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 shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />1.� <br />NEBRASKA - 611910 FMA lSY Fennle MseFMJle Mc UNIFORM STATEMENT Form 3028 LTI (Me 0 d ] Met) <br />MA NE Am-1 -1e- <br />