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200512221
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200512221
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12/14/2005 3:16:24 PM
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12/14/2005 3:16:22 PM
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DEEDS
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200512221
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<br />200512221 <br /> <br />by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding <br />requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law <br />and the law ofthe jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are <br />subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to <br />agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the <br />event that any provision or clause ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect <br />other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words <br />or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" <br />gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shaH be given one copy of the Note and of this Security Instrument. <br />18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" <br />means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond <br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower <br />at a future date to a purchaser. <br />If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person <br />and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate <br />payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such <br />exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shaH give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured <br />by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies 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 of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of <br />the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might <br />specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if <br />no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing <br />this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other <br />fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes <br />such action as Lender may reasonably require to assure that Lender's 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 <br />require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: <br />(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's 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 ifno acceleration <br />had occurred. However, this right to reinstate shaH not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note 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 change in <br />the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and <br />performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might <br />be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower <br />will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which <br />payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the <br />Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing <br />obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by <br />the Note purchaser unless otherwise provided by the Note 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 pursuant to this Security Instrument or that alleges that the other party <br />has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified <br />the other party (with such notice given in compliance with the requirements of Section 15) of such aHeged breach and afforded the <br />other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time <br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this <br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of <br /> <br />NEBRASKAn Single FamilynFannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/01 (Page 8 of 10 Pages) <br />(R&A) RA0077219 - siemers.ne - Rev. 11114/2005 <br /> <br />#/C <br />;;!if-- <br />
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