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2oiuu�4i2 <br />explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence sha11 not be <br />construed as a prnhibition against agreement by contract. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with Applicable Law, such conflict shall 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 Instrum�nt: (a) words af the masculine gender shall znean and include corresponding <br />neuter words or words of the feminin� gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the woard "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Capy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Bene�cial Interest in Borrower. As used in this Section 1$, "Interest in <br />the Froperty" means any legal or beneficial interest in the PropeRy, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent <br />of whzch is the transfer of ticle by Borrower at a future date to a purchaser. <br />If all or any part af the Property or any Interest in the Prope�ty is sold or transferred (or if Barrawer is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, <br />Lender may require immediate payrnent in Full of all sums secured by this Security lnstnunent. However, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice af acceleration. The notice shall provide a <br />period of not less than 30 days frorn the date the notice is given in accordance with Section 15 within which Borcower <br />must pay a11 sums secured by this Security lnstrument. If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any rernedies permitted by this Security lnstrument without further notice or deznand <br />on Borrower. <br />� 9. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have Ck►e right to have enforcement of this Security InstrumenC discontinued at any tinne prior to the earliest of: (a) <br />five days before sale of the Property pursuant to any power of sale contained in this Security lnstrument; (b) such <br />other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a <br />judgment enforcing this Security Instrument. Those conditions are that Barrower: (a) pays L.ender all sums which <br />then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default <br />of any other covenants or agreements; (c) pays all expenses incurred in enforcing this 5ecurity Instrument, including, <br />but nat limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the <br />purpose of protecting L,ender's interest in the Property and rights under this Security Instrument; and (d) takes such <br />action as Lender may reasonably require to assure that Lender's interest in the Praperty and rights under this Security <br />instrument, and Borrower's obligation ta pay the sums secured by this Security Instrument, shall continue unchanged. <br />Lender rnay require that Borrower pay such reinstatennent suzns and expenses in one or more of the followiz�g forms, <br />as selected by Lender: (a) cash; (b) money order; (c) certi�ed check, bank claeck, treasurer's check or cashier's check, <br />provided any such check is drawn upon an institution whose depasits are insured by a federal agency, instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations <br />secured hereby shall remain fully effective as if no acceleration had vccurred. However, this right to reinstate shall <br />not apply in the case of acceleration under Section 18. <br />20. Sale at' Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note <br />(togettaer with this Security lnstrument) can be sold one or rnore times without prior notice to Borrower. A sale might <br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note <br />and this Security Instrument and performs other rnortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale <br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will <br />state the name and address of the new Loan Servicer, the address to which payments should be made and any other <br />information RESPA requires in cannection with a notice of transfer of servicing. If the Note is sold and thereafter <br />the Loan is serviced by a Loan Servicer ather than the purchaser of the Note, the mortgage loan servicing oUligations <br />to Borrower will remain with the Loan Servicer ot be tratisferred to a successor Loan Servicer and are not assumed <br />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 <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that <br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, <br />until such Borrower or L,ender has noti�ed the other party (with such notice given in compliance with the requirements <br />of Section 15) of such alleged breach and afforded the other party hereto a xeasonable period after the giving of such <br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action <br />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 Borxower pursuant to Section 22 and the notice of acceleration given <br />to Barrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action <br />provisions of this Section 2p. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />deFined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and th� following substances: <br />gasoline, kerosene, other flammable or taxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />rnaterials containing asbestos or formaldehyde, a►�d radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviranmental protection; <br />(c) "�nvironmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />�nvironmental Law; and (d) an"Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMEN"I - MERS <br />�orm 3028 1/01 Page 8 of 1 1 <br />AacMagiC sov-sas-�ss2 <br />� w. docrosgic, com <br />� <br />Ne:f028.mzd.xttil <br />