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<br />200608856 <br /> <br />explicitly or Implicitly allow the parties to agree by contract or it mlgbt be silent, but such silence shall not be <br />construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security <br />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 <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and Include the plural and vice <br />versa; and (c) the word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used In this Section 18, "Interest In <br />the Property" means any legal or beneficial Interest in the Property, Including, but not limited to, those beneficial <br />interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent <br />nf which Is the 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 <br />natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent. <br />Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option <br />shall not be 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 <br />period of not less than 30 days from the date the notice Is given In accordance with Section 15 within which Borrower <br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand <br />on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a) <br />five days before sale of the Property pursuant to any power of sale contained In this Security Instrument; (b) such <br />other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a <br />judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which <br />then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default <br />of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument. Including, <br />but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees Incurred for the <br />purpose of protecting Lender's Interest In the Property and rights under this Security Instrument; and (d) takes such <br />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. <br />Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the following forms, <br />as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, <br />provided any such check Is drawn upon an Institution whose deposits are Insured by a federal agency, Instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations <br />secured hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall <br />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 <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might <br />result In a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note <br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale <br />of the Note. If there Is a change of the Loan Servicer, Borrowerwll1 be given written notice of the change which wll1 <br />state the name and address of the new Loan Servicer, the address to which payments should be made and any other <br />Information RESP A requires In connection with a notice of transfer of servicing. If the Note is soid and thereafter <br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations <br />to Borrower wll1 remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed <br />by 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 <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that <br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, <br />untll such Borrower or Lender has notified the other party (with such notice given In compliance with the requirements <br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such <br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action <br />can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given <br />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 <br />dermed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; <br />gasoline, kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection; <br />(c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined In <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br /> <br />NEBRASKAnSlngle FamllynFannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS <br />Form 3028 1101 Page 8 of 10 <br /> <br />DocMagic ~ 800-649-1362 <br />www.tIoctrYgic.com <br />