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201004059
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 16, "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 for 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 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 ar 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 by Lender if such exercise is
<br />prohibited by Applicable Law.
<br />If Lender exercises this option, L®nder shall give Borrower notice of acceleration. The notice shall provide a period of not less
<br />than 3o days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by
<br />this Security Instrument. If Borrower falls 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 an Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, 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 period as Applicable Law might specify
<br />for the termination of Borrower's right to reinstate; or (c) entry of a judggment enforcing 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 it 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' fees, property unspection and valuation fees, and other
<br />fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security f,nstrument; and (d) takes
<br />such action as Lender may reasonably require to assure that Lender's interest in the Property and 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; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn
<br />upon an institution whose deposits are insured by a federal agency, instrumentality arentity; or (d} Electronic l=ands Transfer. Upon
<br />reinstatement by Borrower, this Security Instrument and obligations 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 acceleratmn under Section 18.
<br />20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Nate (together
<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 Servlcer") that collects Periodic Payments duo under the Note and this Security Instrument and performs
<br />other mortgage Ivan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or
<br />more changes of the Loan Servlcer unrelated to a sale of the Note. If there is a change of the Loan Servlcer, Borrower will be given
<br />written notice of the change which will eta#e the name and address of the new Loan Servlcer, the address to which payments should
<br />be made and any other information RESPA requires in connection with a notice of transfer of servicing- If the Note is sold and
<br />thereafter the Lvan 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 Servlcer or be transferred to a successor Loan Servlcer and are not assumed by the Note
<br />purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may vammence, 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, or any 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 alleged breach and afforded the other
<br />party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period
<br />which must elapse before cerain action van be taken, that time period will be deemed to be reasonable for purposes oY this
<br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notine of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective avtion
<br />provisions of this Section 2q,
<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 Environmental Law and the following substances; gasoline, kerosene, other
<br />flammable or toxic petroleum prvduvts, 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 jurisdiction where the Property
<br />is Iovated that relate tc health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br />remedial avtion, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that
<br />can cause, contribute to, ar otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or 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 e{se to do, anything affecting
<br />the Property (ya} 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 presenoe, use, or storage on the Property of small quantities of Hazardnus
<br />Substances 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 />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />governmental ar regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any Environmental Cnndit~on, 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 ~s notified by any governmental or
<br />regulatory authority, ar any private party, that any removal or other remediation of any Hazardous Substance effecting the Property is
<br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing here+n shall
<br />create any obligation an Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lenderfurther covenant and agree as follows:
<br />22. Acceleration; Remedies. Lander shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not print to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall 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 Harrower, by
<br />which the default must be cured; and (d) that failure tc cure the default on or before the data specified in the
<br />notice tray r®sult in acceleration of the sums secured by this Security Instrtnment and sale of the properly. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court
<br />NEBRASKA-Single F~mtly--Fannie MedFraddle Mac UNIFOFM BTATEStAENT Form 8028 1/tl1 (pegs 8 at 7 pages) ~~
<br />3tl26 NE OOT 91ltli PQB
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