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201002630
<br />clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions ofthis Security
<br />instrument or the Note which can be given effect without the conflicting provision.
<br />As used in this Security Instniment: (a) words of the masculine gender shall mean and include corresponding neuter words or
<br />words ofthe 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 />l7. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument.
<br />l $. Transfer of the Property or 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 far 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 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 />[f Lender exercises this option, Lender shall give Borrower notice ofacceleration. 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 />Lnstrument. If Borrower fails to pay these sums prior to the expiration ofthis 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 ofthis Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the 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 al I 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 ofthe 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 mare 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 might be one or more changes of the Loan
<br />Servicer unrelated to a sale ofthe Note. Ifthere is a change ofthe Loan Servicer, Borrowerwill 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. Ifthe 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 Laan 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 owed by reason of, this Security Instrument, until such Borrower or 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 ofthis 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 ofthe Property (including, but not limited to, 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>wnvironmental 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 which
<br />adversely affects the value of the 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 18 unless Applicable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from
<br />the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the
<br />date specified in the 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 after acceleration and the right to bring a court action to assert the
<br />non-existence of n default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date
<br />NEBRASKA -Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT with MERS Form 3028 1/01
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<br />ios, inc. Borrower(s) Initials
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