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�oioo95ss <br />explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be <br />construed as a prohibition against agreernent by contract. In the event that any provision or clause of this Security <br />Instrument or the Note canflicts with Applicable Law, such conflicC shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrurnent: (a) words of the masculine gender shall mean and include carresponding <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 "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrovc+er shall be given one copy of the Note and of this Security Instrurnent. <br />18. Transfer of the Property or a Bene�cial Interest in Borrower. As used in this Section 18, "Interest in <br />the Property" means any legal or beneficial interest in the Property, including, but not limited to, those bene�cial <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 Borrawer 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 transferred (or if Borrower is not a <br />natural persan and a beneficial interest in Bqrrower is sold or transferred) withput Lender's prior written consent, <br />I.ender may require immediate payment in full of all sums secured by this Security Instrurnent. However, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this optian, Lender shall give Borrower notice of acceleration. The notice shall pravide a <br />period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower <br />must pay all sums secured by this Security Instrurnent. If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender rnay invoke any remedies permitted by this Security Instrument without further notice or dernand <br />on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Security Instrurnent discontinued at any tirne 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 peripd as Applicable Law might specify for the ternunation 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 swns which <br />thc�n 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 incurred in enforcing this Security Instrument, 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 I.ender may reasonably require to assure that I.cnder's interest in the Property and rights under this Security <br />Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. <br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, <br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check ar cashier's check, <br />prpvided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrurnentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, t1�is Security Instrument and obligations <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall <br />not apply in the case of acceleratian under Section 18. <br />20. Sale of Note; Change of Laan Servicer; Notice of Grievance. The Note or a partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might <br />result in a change in the entity (known as the "Loan Servicer") that collects Periadic Payrnents due under the Note <br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan 5ervicer unrelated to a sale <br />of the Note. If there is a change of the I,oan Servicer, Borrower 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 payrnents should be made and any other <br />infarmation RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter <br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed <br />by the Note purchaser unless otherwise provided by the Note purchaser, <br />Neither Bonower 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 frorn the other party's actions pursuant to this Security Instrument or that <br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, <br />until such Borrower or Lendex 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 aftex the giving of such <br />notice to take conrective action. If Applicable Law provides a time period which must elapse before certain action <br />can be taken, that time period will be deemed ta 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 Borrnwer pursuant to Section 18 shall be deemed 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 Environmental Law and the following substances: <br />gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />matexials containing asbestos or formaldehyde, and radioactive rnaterials; (b) "Environmental Law" rneans federal <br />laws and laws of the jurisdiction where the Property is located that relate ta health, safety or environmental protectian; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental L,aw; and (d) an"Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environrnental Cleanup. <br />NEBFiASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS pocMagic �� soasas->ssz <br />Form 3028 1/01 Page 8 of 9 1 www.docmagic.com <br />Ne3(128.mzd.unl � '" <br />