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<br />Applicablc Law, such conflict shall not affcct other provisions of this Security Instrument or thc Note which can be given
<br />cffect without the conflicting provision.
<br />As used in this Sccurity Instrument: (a) words ofthc masculine gender shall mean and include corresponding neuter
<br />words or words ofthc feminine gender; (b) words in the singular shall mean and includc thc plural and vice versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take any action.
<br />1 S. Borrower's Copy. Borrower shall be given onc copy of the Note and of this Security Instrument.
<br />16. Transfer ofthe Property or a Beneficilll1nterest In Borrower. As used in this Section 16, "Interest in thc
<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 eontract 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 payment in full of all sums secured by this Security Instrument. However, this option shall not bc
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 13 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 />17. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />havc the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) fivc days
<br />berore sale of the Property p'ursuant to any power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable Law might specIfy for the terrnmation of Borrower' s right to reinstate; or (c) entry of a Judgment enforcing this
<br />Security Instrument. Those condilions are that Borrower: (a) pays Lender all sums which then would bc due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any delimit of any other covenants or
<br />agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not hmited to, reasonable
<br />attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest
<br />in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
<br />assure that Lender's interest in the Property and rildtts under this Security Instrument, and Borrower's obligation to pay the
<br />sums secured by this Security Instrument, shalT continue unchanged Lender may require that Borrower pay such
<br />reinstatement sums and expenses in one or more of the following rorrns, as selected by Lender: (a) cash; (b) money order;
<br />(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
<br />whose deposits arc 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
<br />acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 16.
<br />18. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument). can be sold one or more times without prior notice to Borrower. A sale might result
<br />in a change in the entity (known as the 'Loan Servicer") that collects Periodic Payments due under the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the N otc, 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
<br />the Loan Servicer, Borrower will be given written notice of the change, which will state the name, and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with
<br />a notice of transfer ofservicing. 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 thc Loan Servicer or be
<br />transferred to a successor Loan Servicer 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 joincd to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from thc other party's actIons pursuant to this Security Instrument or that alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, this Sccunty Instrument, until such
<br />Borrower or Lender has notified the othcr party (with such noticc givcn in compliance with the requirements of Section 13)
<br />of such allcgcd breach and afforded the other party hereto a reasonable period after thc giving of such noticc to take
<br />corrective action. If Applicable Law provides a time period that must elapse berore certain action can be taken, that time
<br />period will be deemed to be rcasonable for purposes of this paragraph. The noticc of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 20 and the notice of acceleration given to Borrower pursuant to Section 16 shall be
<br />dcemcd to satisfy the noticc and opportunity to take corrective action provisions of this Section 18.
<br />19. Hazardous Substances. As used in this Seclion 19: (a) "Hazardous Substances" are thosc substances
<br />defined as toxic or hazardous suhstances, pollutants, or wastes by Environmental Law and the rollowing substances: gasoline,
<br />kerosenc, other flammable or toxic petroleum products, toXlC pesticides and herbicides, volatile solvcnts, materials
<br />containinj: asbestos or forrnaldeh)de, and radioactivc materials; (b) "Environmental Law" means federal laws and laws of
<br />thc jurisdiction where thc Property is located that relate to health, safety or environmental protection; ( c) "Environmental
<br />Cleanup" includes any resp,onse action, remcdial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or releasc of any Hazardous Substances, or
<br />thrcaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any EnVIronmental Law, (b) which crcates an Environmental
<br />Condition, or (c) which, duc to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value ofthc Property. The preceding two sentences shall not apply to the presence, usc, or storage on the Property
<br />of small quantitics of Hazardous Substanccs that are generally recognized to be appropriatc to normal residential uses and to
<br />maintenance ofthc Property (including, but not limited to, hazardous substances m consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involvmg thc Property and any Hazardous Substancc or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, incl~ but not limited to,
<br />any spilling, leaking, discharge, relcasc or threat of release of any Hazardous Substance, and (c) any condition caused by the
<br />prcsencc, use or release of a Hazardous Substance which adversely affects the value of the Property. IfBorrower learns, or is
<br />notificd by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substancc affecting the Property is necessary, Borrower shall promptly take all nccessary remedial aClions in
<br />accordance with Environmental Law. N othit1l( herein shall create any obligation on Lender for an Environmental Clcanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />20. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or a~reement In this Security Instrument (but not prior to acceleration under
<br />Section 16 unless Applicable Law prOVIdes otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (e) a date, not less than 30 days from the date the notice Is given to Borrower, by Mtlch
<br />the default must be cured; and (d) that faIlure to cure the default on or before the date specified In the notice may
<br />result in acceleration ofthe sums secured by this Security Instrument and sale ofthe Property. The notice shall
<br />further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non-existence ora default or any other defense of Borrower to acceleration and sale. lfthe default Is not cured on or
<br />before the date specified in the notice, Lender at Its option may require Immediate payment In full of all sums
<br />secured by this Security Instrument without further demand and may Invoke the power of sale and any other
<br />remedies permitted hy Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the
<br />remedies provided In this Section 20, including, but not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />NEBRASKA SECOND MORTGA.GE DEED OF TRUST (page J of6)
<br />itl Creative TbloklnE, 10.. 1003
<br />152.LCV (12'04) 260090
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