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2010U�414 <br />explicitly or implicitly allow the parties to agrcc by contract or it might be silent, but such silence shall not be <br />construed as a prohibition against agreement by contract. In the event that any provision or clause oF this Security <br />Instrument or the Note cnnflicts with Applicable Law, such conflict shall not afFect othcr provisiqns of this Securiry <br />Instrument or the Note which can be given cffcct without the conflicting provision. <br />As used in this Security instrument: (a) words of the masculine gender shall mcan and include corresponding <br />neuter words or words of the feminine gender; (h) words in the singular shull mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of thc Notc and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Intcrest in <br />thc Property" means any legal or beneficial intcrest in the Property, including, but not limited to, thosc bcneFicial <br />interests transferred in a bond for deed, contract for dccd, installment sales contract or escrow agreement, the intent <br />of which is the transfer of title by 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 o� transferred (or if Barrower is not a <br />natura] person and a beneficial interest in Borrower is sold or transferred) without Lendcr's prior written consent, <br />Lender may require immediatc payment in fnll of all sums secured by this Security instrument. However, this option <br />shall not bc excrcised by Lcnder if such exercise is prohibited by Applicablc Law. <br />If Lender exercises this opuon, Lcndcr shall give Borrower noticc of acccicration. The notice shall provide a <br />perivd of not less than 30 days from the date the noticc is given in accordance with Section 15 within which Borrower <br />must pay a11 sums secured by this Security Instrumcnt. If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand <br />on Borrowcr. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrowcr mccts certain cnnditions, Borrowcr shall <br />havc the right to have enforcement of this Sccurity lnstrumcnt discontinucd at any time prior to the cazlicst of: (a) <br />fivc days before sale of the Property pursuant to any power of salc contained in this Security Instrumcnt; (b) such <br />othcr period as Applicablc Law might specify for the termination of Borrowcr's right to reinstatc; or (c) cntry of a <br />judgmcnt enForcing this Sccurity Instrument. Thnse conditions arc that Borrower: (a) pays Lcndcr all sums which <br />then would be duc under this Security Instrument and the Note as if no acceleration had occurrcd; (b) cures any dcfault <br />of any other covcnants or agreemcnts; (c) pays al] expenscs incurrcd in cnforcing this Security Instrumcnt, including, <br />but not limitcd to, rcasonablc attorncys' fees, property inspection and valuation fees, and other fecs incurrcd for the <br />purpose of protccting Lender's intcrest in thc Property and rights undcr this Sccurity Instrument; and (d) takcs such <br />action as Lcndcr may rcasonably rcquirc to assure that Lender' s intcrest in thc Property and rights undcr this Sccurity <br />Instrument, and Borrower' s obligation to pay thc sums sccurcd by this Security Instrument, shall continuc unchanged. <br />Lender may require that Bnrrower pay such reinstatement sums and expenses in one or more of the following forms, <br />ns selected by i.ender: (a) cash; (b) money nrder; (c) certified check, bank check, treasurcr's check or cashier's check, <br />provided any such check is drawn upon an institution whose deposits are insured by a fcderal agency, instrumentality <br />nr entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations <br />secured herehy shall remain fully effective as if no acceleratinn had nccurred. However, this right to reinstate shall <br />not apply in the case oF acceleration under Section 18. <br />20. Sale of 1Vote; Change of Loan Servlcer; Notice nF Grievance. The Note or a partial interest in the Notc <br />(together with this Security Instrumcnt) can bc sold onc or more times without prior noticc to Borrower. A sale might <br />result in a change in the entity (known as thc "Loan Scrvicer") that collects Periodic Payments due under the Nvte <br />and this Security Instrument and per£orms othcr mortgagc loan servicing obligauons under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated tp a sale <br />of the Note. If there is a change of the Loan Servicer, Borrvwer 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 und any other <br />information RESPA rcquires in connection with a notice of transfcr of servicing. If the Note is sold and thcreaftcr <br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mnrtgage loan servicing obligations <br />to Borrowcr wil] remain with the Loan Servicer or be transferrcd to a successor Loan Servicer and are not assumed <br />by thc Note purchascr unlcss othcrwisc providcd by the Notc purchascr. <br />Ncithcr Borrowcr nor Lendcr may commence, join, or bc joincd to any judicial action (as eilhcr an individual <br />]itigant or thc member of a class) that arises from the other party' s actions pursuant to this Security Instrument or that <br />allegcs that the othcr party has breached any provision of, or any duty owcd by reason of, this Sccurity Instrument, <br />unti] such Borrowcr or Lcndcr has notificd thc other party (with such noticc givcn in compliance with thc rcquircments <br />of Scction 15) of such alleged breach and afforded thc othcr party hcreto a reasonablc period after the giving uf such <br />nouce w take corrective action. If Applicablc Law provides a time periud which must elapse before certain action <br />can bc taken, that ume period will be dccmcd to bc rcasonable for purposcs of this paragraph. The notice of <br />acceleration and oppurtunity to cure givcn to Borrowcr pursuant to Section 22 and thc notice of acceleration given <br />to $orrower pursuant to Section 18 shall be deemed lo satisfy the notice and opportunity to take corrective action <br />provisions ofthis Section 20. <br />21. Hazardous Substancea. As used in this Section 21: (a) "Hazazdous Substances" are thosc substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmcntal Law and the following substances: <br />gasoline, keroscnc, other flammable or toxic pctrolcum products, toxic peslicidcs and herbicides, volatile solvents, <br />materials containing asbesws or formaldchydc, and radioacuve muerials; (b) "Environmental Law" means federal <br />laws and ]aws of the jurisdiction where the Property is lqcated that relate to health, safety or environmental protection; <br />(c) "Fnvironmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Bnvironmental Condition" means a condition that can causc, contribute to, or <br />otherwisc triggcr an �nvironmcnta] Clcanup. <br />NEBFtASKA--Single Family--Fannle Mae(Freddie Mac UNIFORM INSTRUMENT - MERS oncMagic �mvovtcs eoo•easa3ez <br />Form 3028 1l01 Page 8 of 11 www.docmag�.com <br />��! <br />��H <br />