Laserfiche WebLink
~oioo2~i4. <br />16. Governing Law; Severability; Roles of Construction. This Security Instrument shall be governed by federal law and the law <br />of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any <br />requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contractor it <br />might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or <br />clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shat l not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words ofthe masculine gander shall mean and include corresponding neuter words or <br />words 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 ofthe Note and of this Security Instrument. <br />1S. Transfer of the Froperty ar a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means <br />any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract <br />for 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 iFBorrower 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 <br />30 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 Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to <br />have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale ofthe Property <br />pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the <br />termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that <br />Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; <br />(b) cures any default 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 fees, and other fees incurred for the purpose of protecting <br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to <br />assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by <br />this 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 cashier's <br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or <br />(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully <br />effective as if no acceleration 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 with this <br />Security 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 <br />the "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 mightbe one or more changes ofthe Loan <br />Servicer unrelated to a sale of the Note. If there is a change ofthe Laan Servicer, Borrower will be given written notice ofthe change which <br />will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA <br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other <br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Lpan Servicer or be transferred to <br />a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, 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 has <br />breached any provision of, or any duty awed by reason of, this Security Instrument, until such Borrower ar Lender has notified the other <br />party (with such notice given incompliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto <br />a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to <br />Section 18 shall 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 j urisdiction where the Property is located that relate to health, safety <br />or environmental protection; (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 can cause, contribute to, or otherwise trigger an <br />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 Property <br />(a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or <br />release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not <br />apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited ta, hazardous substances in consumer <br />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 ofwhich <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 which <br />adversely affects the value ofthe Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private <br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br />all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />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 to acceleration following Borrower's breach of any <br />covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1$ unless Applicable Law provides <br />NEBRASKA -Single Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT wlth MFRS Fomn 3028 1/07 <br />Page B of 7 )~/f) J <br />ins, inc Bprrower(s) Initials ~~ ( L ~ <br />