<br />200903764
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<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 beneficiarinterest in the Property, inoludlng, but not limited to, those beneflolal Interests transferred in
<br />a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of whloh Is the transfer of title by
<br />Borrower at a future date to a purchaser.
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<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
<br />in full of all sums secured by this Security Instrument. However, thIS option shall not be exercised I)y Lender if such exercise is
<br />prohibited by Applicable Law.
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<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not (ess
<br />than 30 days from the date the notloe Is given In accordance with Section 15 within which Borrower must pay all sums secured by
<br />this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
<br />permitted by this Security Instrument without further notice or demand on Borrower.
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<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
<br />right to have enforcement of tbi$, SecUrity Instrument discontinued.at any time prbrtothe ea..ofie:t of: (a)flve dayabe'lore.sale of the
<br />Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify
<br />for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforoing this Security Instrument. Those conditions
<br />are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no
<br />acceleration had occurred; (b) oures any default of any other covenants or agreements; (c) pays all expenses incurred In enforcing
<br />this Security Instrument, inc1udlng, but not limited to, reasonable attomeys' fees, property Inspection and valuation fees, and other
<br />fees Incurred for the purpose of protecting Lender's interest in the Properly and rights under this Security Instrument; and (d) takes
<br />such action as Lender may reasonably reqUire to assure that Lender's Interest In the Property ana rights under this Security
<br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may
<br />require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a)
<br />caSh; (b) money order; (e} certified check, bank check, treasurer's check or cashier's oheck, provided any such check is drawn
<br />upon an institution whose deposits are Insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon
<br />reinstatement byBorrower~ this Security Instrument and obli~ions secured hereby shall remain fully effective as If no accleration
<br />had occurred. However, thIS right to reinstate shall not apply In the case of acceleration under Section 18.
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<br />20. Sale of Note; Change of loan Serviceri Notice of Grievance. The Note or a partial Interest in the Note (to~ether
<br />with this Security Instrument) can be sold one or more tImes without prior notice to Borrower. A sale might result in a change In the
<br />entity (known as the "Loan Servioer") that collects Periodic Payments due under the Note and this Security Instrument and performs
<br />other mortgage loan servicing obligations under the Note, this Security Instrumenthand Applicable Law. Tnere also might be one or
<br />more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a c ange of the Loan Servlcer, Borrower will be given
<br />written notice of the change which will state the name and address of the new Loan Servloer, the address to which payments should
<br />be made and any other information RESPA requires in connection with a notloe of transfer of servioing. ]f the Note is sold and
<br />thereafter the Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
<br />purchaser unless otherwise provided by the Note purchaser.
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<br />Neither Borrower nor Lender may commenoe, join, or be joined to any JUdicial action (as either an individual litigant or the
<br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party
<br />has breached any provision of, orany duty owed by reason of, this Security Instrument, until such Borrower or lender has notified the
<br />other party (with such notice given In compliance with the requirements of Section 15) of such alle~ed breach and afforded the other
<br />party hereto a reasonable period after the giving of such notice to tak~ corre:nive action. If Applicable Law provides a time period
<br />which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this
<br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />aoceleration given 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.
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<br />21. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substances defined as
<br />toxio or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pestICides and herbicides, volatile solvents, materials oontalning asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property
<br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" inoludes any response action,
<br />remedial action, or removal actionl as defined In Environmental LaW; and (d) an "Environmental COndition" means a condition that
<br />can cause, contribute to, or othelWlSe trigger an Environmental Cleanup.
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<br />Borrower shall not cause or permit the presence, use, dil;lposal, storage, or release of any Hazardous Substanoes, or threaten
<br />to release any Hazardous Substances, on or In 1he Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
<br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The
<br />preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substanoes that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (inclUding,
<br />but not limited to, hazardous substances in consumer products).
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<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 ~arty involving the Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any EnVironmental Condition, including but not limited to, any spilling, leaking, discharge,
<br />release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substanoe which adversely affects the value of the Property. If Borrower learns, or Is notified by any govemmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is
<br />necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein snall
<br />create any obligation on Lender for an Environmental Cleanup.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<br />22. Acceleration; Remedies. lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement In this Seourity Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />re.clulred to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default on or before the data specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notIce shall further Inform Borrower of the right to reinstate atter acceleration and the right to bring a court
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<br />NEBRASKAo.Single Femity-Fannle M..-F..-ddle M... UNlI'OAM STATEMENT
<br />30211 NE DOT 011111 POll
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<br />Fom'l3Q28 1/01 (fleQe 8 01 7 pages)
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