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` �' ' ` ` 201008148
<br />Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail pr
<br />when actually delivered to 6orrower's notice address if sent by other means. Nqtice to any one 9arrpwer shall constitute notice to all
<br />Borrpwers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
<br />designated a substitute nptice address by notice to Lender. Borrower shall promptly notify Lender of 6orrower's change of address. If
<br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change af address through that
<br />specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to
<br />Lender shall be given 6y delivering it or by mailing it by first class mail ta Lender's address stated herein unless Lender has designated
<br />another address by notice to 8orrower. Any notice in cannection with this Security Instrument shall npt be deemed to have been given to
<br />Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the
<br />Applicable Law requirement will satisfy the corresponding requiremant under this Security Instrument.
<br />16. Governing Law; Severability; Rules of Constructian. This Security Instrument shall be governed by federal law and tha law of the
<br />jurisdiction in which the Property is located. All rights and obligations contained in this 5ecurity Instrument are subject to any requirements
<br />and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the partiss to agree by contract or it might be silent,
<br />put such silence shall npt be construed as a prohibition against agreement by contract. In the event that any provision or clause of this
<br />Security fnstrument ar the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this 5ecurity (nstrument or
<br />the Npte which can be given effect without the canflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words
<br />of tha feminine gender; (b► words in the singular shall mean and include the plural and vice versa; and (c) ths word "may" gives svle
<br />discretion without any obligation to take any action.
<br />77. Borrower's Copy. Borrower shall be given one copy of the Note and of this Sacurity Instrument.
<br />1$. 'Transfer pf the Property or a Beneflcial Interest in Borrawer. As used in this Section 18, "Interest in the Prpperty" means any
<br />legal or beneficial in#erest in the Property, induding, but not limited to, those beneficial interests transferred in a bond for desd, contract for
<br />deed, installment sales contract or escrow agreement, the intent af which is the transfer of title by Borrpwer at a future date ta a
<br />purchaser.
<br />If all or any part af the Property or any Interest in the Property is sold or transferred (or if 8qrrower is not a natur�l person and a
<br />6eneficial interest in Borrower is sold or transferred) without Lender's pripr 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 />If Lender exercisas this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of npt less than 30
<br />days from the date the notice is given in accordance with Section 15 within which 6orrower must pay all sums secured by this 5acurity
<br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
<br />Security Instrument withput further notice or demand on Borrower.
<br />79. Borrower's Rlght to Reinstats After Acceleratton. If Borrower meets certain conditions, Borrower shall have the right to have
<br />enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a1 five days before sale of the Property pursuant
<br />to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
<br />Bprrower's right ta reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that 6orrower: (a) pays
<br />Lender all sums which then would be due under this Security Instrument and the Note as if no accelsration had occurred; (b) cures any
<br />default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
<br />to, reasonat�le attorneys' fees, property inspection and valuation fees, and other fees incurred fqr the purpose of protecting Lender's
<br />interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to essure
<br />that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pey the sums secured by this
<br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or
<br />more of tha follawing forms, as selected by Lender: (a) ca5h; (b) money order; (c) certified check, bank check, traasurer's check or
<br />cashier's check, provided any such check is drawn upon an institution whnse deposits are insured by a federal agency, instrumentality or
<br />entity; or (d) Electronic Funds "fransfer. Upon reinstatement by 8orrower, this Security Instrument and obligations secured hereby shall
<br />remain fully effective as if no acceleration had occurred. Mowever, this right to reinstate shall not apply in the case of acceleration under
<br />Section 18.
<br />20. Sala of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security
<br />Instrument) can be sold one or more times without prior notice to Borrower. A sale might reault in a change in the entity Iknown as the
<br />"Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfprms 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 of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change
<br />which will state the name and address of the new Loan Servicer, the address ta which payments should be made and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
<br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower wil) remain with the l.oan Servicer
<br />or be transferred ta a successor Loan 5ervicer and are not assumed 6y the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may cammence, join, or be joined to any judicial action (as either an individual litigant or the member of a
<br />class) that arises from the pther party's actions pursuant to this Security Instrument or that alleges that the other party has breached any
<br />provision of, or any duty owed by reason of, this Security Instrument, until such 8vrrower or Lendsr has notified the pther party (with such
<br />notice given in compliance with the requirements of 5ection 9 5) of such allegsd breach and affprded the other party hereto a raasonable
<br />period after the giving of such notice to take corrective aciion. If Applicable Law provides a time period which must elapse before certain
<br />action can �e taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall
<br />be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substancas. As used in this Section 21: (a) "Hazardous Su6stances" 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) "Enviranmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,
<br />safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or remqval action, as
<br />...... .. ... � .. . .... .. ... .
<br />defined in Envirpnmental Law; and (d) an "Envirpnmental Condition" means a co itipn that can cause, contriliutA°`Ct�;"'ar ptherwise trigger
<br />; ,
<br />an Environmental Cleanup. � 5 ,
<br />Bprrower shall not cause or permit the presence, use, disposal, storage, Or release of �ny, Naza.rilous Substances, or threaten to
<br />release any Hazardous Substances, on or in the Property. 6orrower shall not do, nor allow a�iyan� -else. to do, anything affecting the
<br />Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Cnndition, or (c) which, due to the presence,
<br />use, or release of a Hazardpus Substance, creates a condition that adversely affects the value of the Property. The preceding two
<br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
<br />rscognized to be ap�ropriate to narmal residential uses and to maintenance of the Property (including, but not limited to, hazardous
<br />substances in consumer products►.
<br />eorrower 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 Environmental 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 6y the presence, use or release of a Hazardous Substance
<br />which adversely affects the value of the Property. If Borrower learns, pr is notified by any governmental qr regulatory authority, or any
<br />private party, that any removal or other rem�adiation of any Hazardous Substance affecting the Proparty is necessary, Borrower shall
<br />promptly take all necessary remedial actipns in accordance with Environmental Law. Nothing herein shall create any obligation on l.ender
<br />fqr an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleratlon; Remedies. Lender shall give notice to Barrawer prlor to accaleration followtng Bqrrower's breach of any covenant
<br />ar agreement in this Sscurlty Instrument (but not prior ta acceleratlon under Section 1B unleas Appllcable Law pravides otherwise). The
<br />notice shall speclfy: la) the default; (b1 the action requlred to cure the dafauk; (c) a date, not less than 30 days frqm the date the notice Is
<br />given ta Borrower, by which the default muat he cured; and (d) that fatlure to cura tha dafault on or bafors the date specified In the notice
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFpRM INS7RUMENT Form 3028 1/07
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