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<br />200706265 <br /> <br />explicitly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be <br />construed as a prohibition against agreement by contract. In the event that any provision or dause of this Se<.:urity <br />Instrument or the Note ,:tlUflkt~ with Applicable Law, such conflict shall not affect other provisions of thi~ Security <br />Instrument or the Note which can be given effect without the conflicting pruvision. <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; (h) 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 osed in this Se<.:tion 18, "Interest In <br />the Property" means any legal or beneflciallnterest In the Property. indoding, but not limited to. those benefidal <br />interests transferred In a bond for deed. mntract fur deed, Installment sales contract or eS(T(lW allreement, the intent <br />of which Is the transfer of title by Borrower at a future date to a pun::haser, . <br />If all or any part. (If the Property (lr any Interest in the Property is sold or transferred (or if Borrower Is not a <br />natural person and a benefkial interest in Borrower is sold or transferred) without Lender's prtor written consent. <br />Lender may require Immediate payment In full of all sums se,:ured by this Se<.:urity 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 nollce of au:eleration. The notice shall provide a <br />period of not less than 30 days from the date the n"tice is given in accordance with Section 15 within which Borrower <br />must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of <br />this period. Lender may invoke any remedies permlued by this Security Instrument without further notice or demand <br />on Bomlwer. <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 Sewrlty 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; (h) 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; (h) 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 tees, and other fees incurred for the <br />purpose of protecting Lender's interest in the Property and rights under this Serurity Instrument; and (d) takes such <br />action a.~ Lender may reasonahly require to assure that Lender's Interest in the Property and rlght~ under thi~ Security <br />Instrument, and Burrower's obligation to pay the sum~ secured by this Security Instrument, shall continue unchanged. <br />Lender may reqoire that Borrower pay such reinstatement sums and expenses In one Of more of the following forms, <br />as selected by Lender: (a) cash; (h) 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 deposit~ are insured by a federal agency. instrumentality <br />Of entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower. this Sel;urity Instrument and obligations <br />secured hereby shall remain fully effective as if n'l acceleration had occurred. However. this right to reinstate shall <br />not apply in the c.ase 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 Period/(: 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, Borrowerwlll be given written noUce of the change which will <br />state the name and address of the new Loan Servicer. the address to which payments should be made and any other <br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter <br />the l.oan is servked by a Loan Servi<:er other than the purchaser of the Note. the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed <br />by the Note purchaser unless othelWise provided by the Note pur<:haser. <br />NeUher Borrower nor Lender may commen,:e, join, or be joined to any judicial a<:tlon (as either an Individual <br />litigant. or the member of a das.s) that. arises from the other party's acUons pUl1luant to thIs Security Instrument or that <br />alleges that the other party has breached any provi~ion of, or any duty owed by reason of, this Security Instrument, <br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements <br />of Section (5) of such alleged breach and afforded the other party hereto a reasonable period after the giving of so<:h <br />notice to take <:orrectlve action. If Applicable Law provides a time period which must elapse before certain action <br />can be tal<en, that time period will be deemed to be reasonable for purposes of tbis paragraph. The notice of <br />acceleration and opportunity to mre given to Borrower pursuant to Section 22 and the notice of ac<:eleration given <br />to B<lrrower pursuant to SI!<;tion 18 shall be deemed to satisfy t.he notice and oppurtunity to take corrective a<:tion <br />provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Ha7.ardous Substances" are those substances <br />defined as toxic or ha7.atdo(l~ sobstan<:es, pollutants, or wa~tes by Environmental Law and the following substan<:es: <br />gasoline, kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents. <br />materials <:ontalning asbestos or formaldehyde, and radioactive materials; (h) "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 r.an cause. contribute to. or <br />othelWlse trigger an Environmental Cleanup. <br /> <br />NEBRASKA.-Single Famlly--FaMie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS <br />Form 3028 1/01 Page 8 of 11 <br /> <br />DocNr<>glc ~ _.6<0,"62 <br />www.dacmBgic,cOtrr <br />