Laserfiche WebLink
<br />200903764 <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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). <br /> <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. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <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 <br /> <br />NEBRASKAo.Single Femity-Fannle M..-F..-ddle M... UNlI'OAM STATEMENT <br />30211 NE DOT 011111 POll <br /> <br />Fom'l3Q28 1/01 (fleQe 8 01 7 pages) <br />