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200512395
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12/20/2005 12:54:36 PM
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12/20/2005 12:54:35 PM
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DEEDS
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200512395
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<br />200512395 <br /> <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 deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at 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 <br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may <br />require immediate paytnent in full of all SUIlIS secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />n 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 these sums prior to the expiration of this period, Lender <br />may invoke any 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 <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 the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable <br />Law tnight specify for the termination of Borrower's right to reinstate; 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 under this Security <br />Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreeIllents; <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 Lender's interest in the Property <br />and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's <br />interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the Slll11S secured by this <br />Security Instnllnent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses <br />in one or more of the following forms, as scleeted by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's check, provided any such chcck is drawn upon an institution whose deposits are insured by a <br />fcderal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligations securcd hereby shall remain fully effective as if no acceleration had occurred. However, this right <br />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 Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a <br />ehange in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Notc and this Sccurity <br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There also might be one or more 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 name 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 Loan Servieer 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 pursuant 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 />Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such <br />alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. <br />If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be <br />deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower <br />pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the <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 Environmental Law and the following substances: gasoline, kerosene, <br />other t1ammable or 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 /> <br />NEBRASKA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT <br /> <br />ITEM 1915L9 (0011) MFNE3111 <br /> <br />(Page 9 (~r 11 pages) <br /> <br />Form 3028 1/01 <br />4000574788 GREATLAND. <br />To Order Call: 1-800-530-9393 D Fax: 616-791-1131 <br />
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