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200907784
<br />f8. Transfer of the Property or a Senefifciai Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in
<br />a bond Tor deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
<br />Borrower at a future date to a purchaser.
<br />If all or any part of the Properly or any Interest in the Property is sold or transferred (or'rf Borrower is not a natural person and a
<br />beneficial Interest in Borrower is sold or transferred) wtthout 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 by Lender 'rf such exercise is
<br />prohibtted by Applicable Law.
<br />If Lender exercises this option Lender shall give Borrower notice of acceleration. The notice shall provide a period pf not less
<br />than 30 days from the date the nonce is given In aooordanoe with Section t5 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 wiChouY further notice or demand on Borrower.
<br />19. 13vrrower's Right to Reinstate After Acceleration. It Borrower meets pertain conditlons, Borrower shall have the
<br />right to have enforcement of this Security Instrument discontinued at any time pprior to the earliest of: (a) five days before sale of the
<br />Property pursuant to any power of sale contained in this Security Instrument; (b) such other pperiod as Applicable Law might specify
<br />for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this 5®curity Instrument. Those cnnd'dions
<br />are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Nvta as if no
<br />acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred In enforcing
<br />this Security Instrument, including, but not limited to, reasonable attorneys' lees, property inspection and valuation fees, and other
<br />fees incurred far the purpose of protecting Lender's interest in the Property and rights under this 5ecurit Instrument; and (d) takes
<br />such action as Lender may reasonably require to assure that Lender's interest m the Property andyrights under this Security
<br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, L®hder may
<br />require that Borrower pa such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)
<br />Dash; (b) money order; (c) certified cheek, bank check, treasurer's check or cashier's check, providad any such check is drawn
<br />upon an instttution whose deposits are insured by a federal agency, Instrumentaitty or entity; or (d) Electronic Funds Transfer. Upon
<br />reinstatement by 13vrrower, this Security Instrument and obligations secured hereby shall remain Cully effective as "rf no accleration
<br />had occurred. However, this right to reinstate shall 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 (together
<br />with this Security Instrument)) can be sold one or more times without prier notice to Borrower. A sale might result in a change in the
<br />entity (known as the "Loan Services") that collects Periodic Payymenu due under the Note and this Security Instrument and performs
<br />other mortgage lean servicing obligations under the Note this Securit Instrument, and Applicable Law. There also might 6e nne or
<br />more changes of the Loan Servicer unrelated to a sale of the Note, li there is a change of the Loan Servicer, Borrower well be given
<br />wrtten notice of the changge which will state the name and address of the new Loan Servicer, the address to which payments should
<br />be made and any other iniormatlon fdESPA requires in connection with a notice of transfer of servicing. If the Nate is sold and
<br />thereafter the Loan is serviced 6y a Lean Servicer other than the purchaser of the Nvte, the mortgage loan servicing obligations to
<br />Berrower 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 />Netther Borrower nor Lender may commence, join, or be Jeined to any udicial action (as either an individual litigant or the
<br />member of a class) that arises from the other party's actions pursuant to this ~ecurRy Instrument or that ~ll~ges that the other party
<br />has breached any provision of, or any duty owed by reason of, this Secur' Instrument, until such Borrower yr Lander has notified the
<br />other party (with such notice given in compliance with the requirements of 5evtion 15) of such alleged breach and afforded the other
<br />party hereto a reasonable period after the giving of such no ice to take wrrectNe action. Ii 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 />acceleration given to Borrower pursuant to Sectien 18 shall be deemed to satisfy the notice and opportunity to take correctNe action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmentall law and the fnllowing substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic Pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />forrnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdictien where the Property
<br />is iecatad that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br />remedial action, or removal action as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that
<br />can cause, contribute to, yr otherw{se trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, yr release of any Hazardous Substances, or threaten
<br />to release an Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property ~a) that is in vlclation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
<br />Ares®nee, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The
<br />preneding two sentences shall not apply tv the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate tc normal residential uses and to maintenance of the Property (including,
<br />but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender wrttten notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />govemmental or regulatory agency or private party involving thhe Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any Envronmental 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 Substance 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 wtth Environmental Law. Nothing herein shall
<br />create any obligation on Lend®rior an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior tv acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shal- specify: (a) the default; (b) the action
<br />required 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 b® cured; and (d) that failure to cure the default vn or befiore the date spec[fled 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 ib reinstate after acceleration and the right to bring a court
<br />NEBRASKA~innle FemAy~annls MWFrwldie M.c UNIFORM STATEMENT Ferm 9020 7/07 (p.g.6 e17 papa)
<br />3fri8 NE OPT 01/01 Pp6
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