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<br />~, ; <br /> <br />200710'5'24 <br /> <br />overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to <br />Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or <br />when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all <br />Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that <br />specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to <br />Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to <br />Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the <br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rule5 of Con5truction. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements <br />and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, <br />but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this <br />Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or <br />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 or words <br />of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole <br />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 the Property" means any <br />legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for <br />deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a <br />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 person and a <br />beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full <br />of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by <br />Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 <br />days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Rein5tate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant <br />to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of <br />Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any <br />default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited <br />to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's <br />interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure <br />that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or <br />more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or <br />entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall <br />remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under <br />Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security <br />Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the <br />"Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change <br />which will 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 the Loan is serviced by a <br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer <br />or be 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 joined to any judicial action (as either an individual litigant or the member of a <br />class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any <br />provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such <br />notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable <br />period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain <br />action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall <br />be deemed to satisfy the 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 toxic or <br />hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, <br />safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger <br />an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to <br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br />Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous <br />substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which <br />Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or <br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower'5 breach of any covenant <br />or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 5 of 6 <br /> <br />Form 3028 1/01 <br /> <br />'tS' <br />-If> <br />