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2oioos5s4 <br />explicitly or implicitly allow the parties to agree by contrlct or it mi�ht be silent, but such silence shall not be <br />construed as a prohibition agninst agree�nent by conh•1ct. In the event that any provision nr clause of this 5ecurity <br />Instrument or the Note conflicts with Applicable I�aw, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect witl�out the conilictirig provision. <br />As used in lhis Security Iz�strument: (a) words of the �nasculine gexader shall mean �nd include correspondin�; <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "zx�ay" gives sole discretion witl�out any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be givec� one copy of the Note and of this Security lustruntent. <br />18. Transfer of the Property or a Beneficial Interest in Borruwcr. As us�d itt this Section 18, "Interest in <br />the Property" ineans any legal or beneficial interest in the Property, includin�, but not liinited to, th��se Ueneficial <br />interests tra�asferred ii� a bond for deed, contract for deed, installment s�les contract or escrow agreement, the intent <br />of which is the transfer of title by Borcower at a fuhu�e date to a purck�aser. <br />If all or any part of'the Propecty or any interest in the Property is sold or transferred (or if Borr�wer 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 iznmediate payanexat in full of all sums secured by this Security Instrwnent. However, this option <br />shall not be exercised by I.,ender if such exercise is proltibited by Ap�?licable Law. <br />If Lender exercises this optioi�, Lenil�r stlall give Borrower notice of acceleration. The notice shall �rovide n <br />period of not less than 30 days from the date tl�e z�otice is given in accordance with Section I 5 within which Borrower <br />must pay all sums secured by this Sec�irity Ixtstrurnent, If F3orrower fails to pay these suins prior to tlie expiration of <br />this period, Lender may invoke auy reniedies pera��itted by this Security Ir�strui»ent without fiirther notice or dei7�and <br />on $orrower. <br />19. Borrower's Right ta Reiastate After Accelcration. [f Borrnwer �ileets certain conditious, L3orro�ver shall <br />have the righc lo have er�force�ner�t of this Security Instrurnent discontinued at any time prior to the e�rliest of: (a) <br />five days before sale of the Property pursuant to any power of sale contained in this Security Instrumeut; (b) such <br />other period as Applicable I.�aw znight specixy for the terinination of Borrower's right to reinstate; or (c) entry of a <br />judgment enforcing this Security Instrurnent. Those conditions are that Borrower; (a) pays Lender all sums which <br />then would be due under this Security Instrument and tlze NoCe as if uo acceleration had occurred; (b) cu.res any default <br />of any other covenants or agreements; (c) pays all expenses izicurred in euforcing t}�is Security Instrument, includin�;, <br />but nat limited to, reasouabl0 attorneys' fces, property irxspection and valuatiot� fees, and other fees incurred for the <br />pucpose of protecting Lender's interest in the I'roperty and ri�hts tmder this Security InstruntenC; and (d) takes such <br />action as Lender xnay reasonably reguire to nssure that Lender's interest in the Property aud riglits under chis Security <br />Instrument, and Borrower's obligatiozi to pay the sums secured by this Security Instrument, shall continue unchauged. <br />Leiider may require fhat Borrower pay such reinstatement sums and expenses in one or more of f}�e followii�g forzns, <br />as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's c}�eck or cnshier's check, <br />provided any such check is drawn upon an institutioii whose deposits are insured by a teder�l agency instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by L�orrower, this Security instrument and obligations <br />secured hereby shall rez��ain fully eff'ective as if no acceleration had accurred. IIowever, this right to reinstate shall <br />not apply in tha case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Nnticc of f.:rievance. The Note or a partial interest in the Note <br />(together with this S�curity Instrument) can be sold one or inore times withoirt prior ��otice to Borrower, A sale n�i�ht <br />result in a change in the emily (kuown as the "I�,oan Servicer") that collects Yeriodic Fa}nneiits due under the Note <br />and this Security Instrum�nt and performs otl�er �nortgflge loar� servicin� obligacious under t��e Note, this Security <br />Instrumei�t, and Applicable Law. There also mighk be one or �i�ore changes of the Loaii Servicer �unrelated to � sale <br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written not.ice of tl�e c}a�nge which will <br />state the naane and address of the new Loan Servicer, the address to which payma►its sliould be �nade and any other <br />information RF..SPA requires in conr►ection with a notice of tr�nsfer of serviciug. If tt�e Note is sold and thereafter <br />the Loan is serviced by a Loan Servicer othar than lhe purchaser of the Note, the ixiort�age loar� servicing obligations <br />ta Borrower will reznain with the Loan Servicer or be trac�sferred to a successor Loan Servicer and are not assumed <br />by the Note purchaser unless otherwise provided by tha Note purchaser. <br />Neither Borrower nor Lender may conunence, joiz�, or be _joined to any judicial action (as either an itldividual <br />litigant or th� member of a clnss) that arises from che ofher party flctions pursuant to this Security Instrument vr that <br />alleges that che other party has breached any provisio�i ot; o� any duty owed by reasox� of, this Security Instrurzieut, <br />until such Borrower or Lender has notified the other party (with such notice given ita cori���liance with the reyuire���►e�.�ts <br />of Section 15) of such alleged breach and afforded the other ��arty hereto a reasonable period aRer the givii:tg of such <br />notice to take corrective action. If Applicable I, aw provides a time period which rnust elapse before certain action <br />can be taken, that tiine period will be deemed to be reason�►ble for purposes of this paragraph. The r�otice of <br />acceleration and opporlunity to c�ire given to Borrower pursuant to Section 22 azad the notice of accelerltion given <br />to Borrower pursuant to Secliou 18 shall be deemed lo satisfy the notice and opportux�ity to take corrective ackion <br />provisions of this Section 20. <br />21. Ilazardous Substances. As used ii1 this Sectioi� 21: (a) "Hazardous Substances" are those substatices <br />defined as toxic or hazardous substatices, pollutants, or wastes by Environmental i..Aw and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or foranaldehyde, and radioactive materials; (b) "Environmental I,aw" means federal <br />laws and laws of the jurisdiction where the Propert.y is located that relat� to health safety or enviro�unental pratection; <br />(c) "Environmental Cleauup" includes any response action, reinedial actiorz, or removal action, as defined in <br />Fnvironmental Law; and (d) an "Environmental Condition" i��eans a condition that can cause, contribute tn, or <br />otherwise trigger an Environxnental Cleanup. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCMaQIC �I� 800-649-1362 <br />Form 3028 1/01 Page 8 of 11 www.docmagic.com <br />