|
201oo�4si
<br />explicitly or implicitly a11ow the parties to agree 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 conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
<br />lnstrument or the Note which can be given effect without the conflicting provision.
<br />As used in this Security lnstrument: (a) words of the masculine gender shall mean and include corresponding
<br />neutar words ar words of the feminine g�nder; (b) words in the singular shall mean and include the plural and vice
<br />versa; and (c) the word "may" gives sale discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security lnstrument.
<br />�.8. Transfer of the Property or a Reneficial Interest in Borrower. As used in this Section 18, "Interest in
<br />the Property" means any legal or bene�cial interest in the Property, including, but not limited to, thos� beneficial
<br />interests transFerred in a bond for deed, contract for deed, installment sales contract or escrow agr�ement, 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 or transferr�d (or if Boz�rower is not a
<br />natural person and a beneficial interest in Borrower is sold or transferred) without L.ender's prior written consent,
<br />Lender may require irnmediate payrnent in full of all sums secured by this Security Instrument. 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 sha11 give Borrower notice of acceleration. The notice shall provide a
<br />periad of not less than 30 days from the date the natice is given in accordance with Section 15 within which $otrower
<br />must pay all sums secured by this 5ecurity Tnstrument. If Borrower fails to pay these sums prior to the expiration of
<br />this period, Lender may invok� any remedies permitted by this Security Instrument without further notice or demand
<br />on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower rneets certain conditions, Borrower shall
<br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
<br />five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such
<br />other period as Applicable Law rnight specify fot the tetmination of Borrower's right to reinstate; or (c) entry of a
<br />judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all surns which
<br />then would be du� under this Security Instrum�nt and the Note as if no acceleration had occurred; (b) cures any default
<br />of any other covenants or agreemencs; (c) pays all expenses incurred in enforcing this Security Instrurnent, including,
<br />but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
<br />purpose of protecting Lender'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 Property and rights under this Security
<br />lnstrument, and Borrower's obligation to pay the sums secured by this Security Jnstrument, shall continue unclaanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or znore of the following forms,
<br />as selected by Lender: (a) cash; (b) maney order; (c) certified checic, bank check, t reasuxer's check or cashier's check,
<br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
<br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligatians
<br />secured heteby shall retnain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change ot' Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or m.ore 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 perfarrns other mortgage loan servicing obligations under the Note, this Security
<br />Instrument, and Applicable Law. There alsa 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 />stat� the name and address of the new Loan Servicer, the address to which payments should be nnade and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and therea�ter
<br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage lnan servicing obligations
<br />to Borrower will rernain with the Loan 5ervicer or be transferred to a successor Laan 5ervicer 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 S�curity Instrument or that
<br />alleges that the ather patty has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified 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 reasonable period after the giving af such
<br />notice to take corrective action. lf 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 Borrower pursuant to Section 22 and the notice of acceleration given
<br />to Borrower pursuant to Section 18 shall be deexned to satisfy the notice and opportunity to take corrective action
<br />provisions of this Section 20.
<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 Bnvironmental Law and the following subscances:
<br />gasoline, kerosene, other f7ammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and 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 environmental pratection;
<br />(c) "�nvironmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "�nvironmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environrnental Cleanup.
<br />NEBRASKA--Single Family--Fann`e Mae/Freddie Mac UNIFORN�"INSTRUMEN7 - MERS bocMagic �rs� soo-sas-r3s2
<br />Form 3028 1/01 Page 8 af 1 1 www.docmagic.com
<br />Ne3028.mzd.xn�
<br />
|