|
201009301
<br />explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be
<br />consrrued as a prohibition against agreement hy contract. In the event that any provision or clause of this Securiry
<br />[nstrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
<br />[nstrument or the Note which can be given effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresppnding
<br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
<br />varsa; and (c) the word "may" gives sole discretion without any obligation ta take any action.
<br />17. Borrower's Copy. Borrower shall be $iven one copy of the Nate and of this Security Instrument.
<br />18. Transfer of thc Properry or a 13eneficlal Interest in Bprrower. As used in this Section I8, "Interest in
<br />the Property" means any legal or beneficial interest in the Property, including, but noc limited to, those benefcial
<br />interests transferred in a band for deed, contract for deed, 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 Nroperty is sold or trunsferred (or if 8orrower is not a
<br />natural person and a beneficial intereFt in I3orrower is sold or transferred) without Lender's prior wriccen consent,
<br />Lander may require immediate payment in full af all sum� secured by thia Security lnstrument. However, this option
<br />shall not ba exercised by Lender if such exercise is prahibited by Applicable L.aw.
<br />If Lender exercises this option, Lendar shall give 8orrower notice of acceleration. The natice shall provide a
<br />period of not less than 3U days from the date the noece is given in accordance with Section 15 within which Borrower
<br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration vf
<br />this period, Lender may invoke any remedies permitted by this Security Cnstrument without further notice or demand
<br />on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain cvnditions, Borrower sha11
<br />hava the right to have enfprcement of this Security lnstrument discontinued at any time prior to the earliest of: (a)
<br />five days before sale of the Nroperry pursuant to any power of sale contained in this Security Instrument; (b) such
<br />other period as Applicable l,aw might specify for the termination of Borrower's right to reinstate; or (c) entry of a
<br />judgmant enforcing this Security Instrument. 1'hose conditions are that kiorrower: (a) pays Lender all sums which
<br />than 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 incurrad in enf'orcing this Security Instrument, including,
<br />but not limited to, reasonable attorneys' fces, properry inspection and valuation Fees, and other foas incurred for the
<br />purpose of protacting Lender's intarest in tha Proparty and rights under this Security Instrument; and (d) takas such
<br />action as Lendar may reasonably raquira to assurc that Lender's interest in the Proparty and rights undar this Security
<br />Instrument, and Borrowar's obligation to pay thc sums secured by this Security Instrument, shall continua unchangad.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one ur more of the following forms,
<br />as selected by Lender: (a) cash; (b) money order; (c) certiFied check, bank check, veasurer's check or cashier's check,
<br />provided any such chack is drawn upon an institution whose deposits are insured by a federal agency, instrumentaliry
<br />or entiry; or (d) Electronic Funds Transfcr. Upon reinstatement by Borrower, this Securiry Instrument and obligations
<br />sacured hcreby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
<br />not apply in the casc of acceleration under Section 18.
<br />20. Sale of IVote; Change oi Loan Servicer; Notice of Grievance. The Note or a partia] interest in the Note
<br />(togather with this Sacurity Instrument) can be sold ona or more times without prior notice to Borrower. A sale might
<br />result in a change in the antity (known as thc "Loan Scrvicer") that collects Periodic Payments due under the Note
<br />and this Security Instrument and performs other mortgage loan servicing obligations under the Notc, this Securiry
<br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of thc Note. If there is a change of the Loan Servicar, Borrowar will be given written notice of the changc which will
<br />state thc name and address of tha naw Loan Sarvicer, tha address to which payments should bc made and any other
<br />information R6SPA requires in connection with a notica of transfar of scrvicing. If the Note is sold and tharcafter
<br />the Loan is serviced by a L.oan Servicer other than the purchaser of the Nota, tha mortgage loan servicing obligations
<br />to Borrower will remain with the l,oan Servicer or be transferred to a successor Loan Servicer and ara not assumed
<br />by tha Note purchaser unless otherwise provided by the Notc purchasar.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individua]
<br />litigant or tha member of a class) that arises from tha other parry's actions pursuant to this Securiry Instrument or that
<br />alleges that the other party has breached any provision of, or any dury owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notificd thc 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 of such
<br />notice to take corrective actiun. If Applicable Law provides a time period which must elapse before certain action
<br />can be taken, that time period will 6e deemed co be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportuniry to cure given to Borrower pursuant ro Section 22 and the notice of acceleration given
<br />to Borrower pursuant to Section I8 shall be deemed to satisfy the notice and opportunity to take corrective action
<br />provisiuns of'this Section 20.
<br />21. Flezardous Substance�. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Envirvnmental Law and the following substances:
<br />gasoline, kerusene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />matarials containing asbestos or formaldehyde, and radioactive materials; (b) "knvironmental Law" means federal
<br />laws and laws of the jurisdiction where the Ptoperty is located that relate to health, saf'aty or environmental protection;
<br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Envirpnmental Condition" means a condition that can causa, contributa to, or
<br />otherwise trigger an Environmental Cleanup,
<br />Borrower Initials:
<br />NEBRASKA--Singl
<br />Form 3028 1/01
<br />Mec UNIFORM INSTRUMFNT - MF.RS �g�IIA$ICQr�SY7P�C6L 800-B/B-1J62
<br />Page 8 of 11 www.docmagk.com
<br />
|