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� �. ; � � � 2oiioo34� <br />when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all <br />8orrowers unless Applicable Law expressly requires otherwise. The notice address shall 6e the Property Address unless eorrower has <br />designated a substitute notice address by notice to Lender. Borrower shall promptly notify l.ender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Bprrower shall only report a change of 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 />Lendar shall be given by delivering it or by mailing it �y first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to <br />Lender until ectually recaived by Lender, If any notice required by this Security Instrumant is alsa required under Applicable Law, the <br />Applicable Law requirement will satisfy the oorrasponding requirement under this Security Instrument. <br />'1fi. Governing Law; Severability; Rules of Constructian. 7his Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. All rights and pbligations contained in this Security Instrument are subject to any requirements <br />and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree 6y contract or it might be silent, <br />but such .silsnce shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this <br />Security Instrument or the Nqte conflicts with Applicable Law, such conflict shall :tot �ffect other provisions of this Security Instrument or <br />the Note which pan be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and indude corresponding neuter words or words <br />of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole <br />discretion without any obligation to take any action. <br />97. Borrower's Copy. Borrower shall be givan pns copy of the Note and of this Security Instrument. <br />18. 7ransfer of the Property or a Beneficial Interest in Bprrnwer. As used in this Section 18, "Interest in the Property" means any <br />legal or beneficial interest in the Property, including, but npt limited to, those beneficial interests transferred in a bond for deed, contract for <br />deed, instaliment sales contract or escrow agreement, the intsnt of which is the transfer of title by 8orrpwer at a future date to a <br />purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrpwer is not a natural person and a <br />beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full <br />af 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 exercises this option, Lsnder shall give Borrower notice of acceleration. The notice shall provide a period of not less then 30 <br />days from the date the notice is given in eccordance with Section 15 within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to tha axpiration of this period, Lender may invoke any remedies permitted by this <br />Sacurity Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate Atter Acceleration. If Borrpwer meets certain conditions, Borrower shall have tha right to have <br />enforcement of this Security Instrument discontinued at any time pripr to the earliest of: (a) five days 6efore sale ot the Property pursuant <br />to any power of sels cantained in this Security Instrument; (h) such other period as Applicable Law might specify for the termination of <br />Borrower's right to reinstate; or (c) entry of a judgment enforcing this 5acurity Instrument. 7hose conditions are that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrumant and the Note as if no acceleration had occurred; (b) cures any <br />default ot any other cavenants or agreements; (c) pays all expenses incurrsd in enforcing this Security Instrument, including, but not limited <br />to, reasonable attorneys' fass, property inspection and valuation fees, and other fees incurred for 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 assura <br />that Lender's interest in the Prpperty and rights under this 5ecurity Instrument, and Borrower's obligation to pay 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 the following forms, as selected by Lender: (a1 cash; (b) money order; (c) certified check, �ank check, treasurer's check or <br />cashier's chack, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or <br />entity; or (d) Electronic Funds 7ransfer. Upon reinstatement by Bprrpwer, this Security Instrument and obligations secured hereby shall <br />remain fully effective as if no acceleratinn had accurred. However, this right to reinstate shall not,apply in the Gase of acceleration under <br />5ection 18. <br />2Q. Sale of Note; Change of Loan Servicer; Notice of Grievance. 7he Note or a partial interest in the Note (togather with this 5ecurity <br />Instrumant) can be sold one or more times without prior notice tn Borrower. A sale might result in a chenge in the entity (known as the <br />"Loan Servicar") #hat collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this 5ecurity Instrument, and Applicable Law. Yhere also might be one or mpre changes of the Loan <br />5ervicer unrelated to a sale of the Note. If there is a change of the Loan 5ervicer, 8orrower will be given written notice of the change <br />which will state the name and address of the new Loan Servicer, the address to which paymenYs 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 5ervicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer <br />or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise pravided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action las either an individual litigant or the member of a <br />class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has 6reached any <br />provision of, or any duty owed by reason of, this Security Instrument, until such Borrower pr Lender has notified the other party (with such <br />notice given in compliance with the requirements of Section 15) nf such alleged breach and afforded the other party hareto a reasonable <br />period after the giving of such notice to take corrective action. �f Applicable Law provides a time period which must elapsa before certain <br />action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleratian and <br />apportunity to cure given to Borrower pursuant to 5ection 22 and the notice ot acceleration given to Borrower pursuant to Section 18 shall <br />be deemed to satisfy the notice and oppqrtunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous 5ubstances" are those su6stances defined as toxic or <br />hazardous substances, pollutants, or wastes by Environmental Law and the following su6stances: gasolins, kerosene, other flammable or <br />toxic petroleum products, toxic pesticides and herbicidas, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) "Envirpnmental Law" means federal laws and laws of the jurisdiction where the Property is loaated that relate to health, <br />safety or envirpnmantal protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contributa to, or otherwise trigger <br />an Environmental Cleanup. <br />Borrower shall not cause nr permit the presence, use, disposal, storage, or release of any Mazardous Substances, or threaten to <br />release any Hazardous Substances, on or in tha Property. 8orrower shall not da, nor allow anyone else to do, anything affecting the <br />Property (a) that is in vioiation of any Environmen#al Law, (b) which creates an Environmental Condition, or (cl which, due to the presance, <br />use, or release of a Haxardous 5ubstance, creates a condition that adversely affects the value of ths Property. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of sma�l quantities ot Hazardpus Substances that are generally <br />recognized to be appropriate to normal residential uses and to mainTenance of the Property (including, but not limited to, hazardous <br />substances in consumer products�. <br />�orrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other ac#ion 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 spitling, leaking, discharge, release or <br />threat of release of sny Hazardous Substance, and (c) any conditiqn caused by the presence, use or releasa of a Hazardous Substance <br />which adversely affects tha value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental l.aw. Nothing herein shatl create any obligation on Lender <br />for an Environmental Cleanup. <br />N�N-UNIFpRM CQVENANTS. Borrower and Lender further covenant and agree as follows: <br />�2. Acceleration; Remedies. Lender shall give notice to Borrowew prior ta accelaration following Borrower's breach of any cavenant <br />or agreement in this Security Instrument (but not prior to acceleration under Sectlon 18 unless Applicable Law provides otherwise). The <br />notice sh�Ii specify: (a) the default; (b) the action required to cure the default; (c) a date; not less than 30 days from tha date the notice ls <br />given to Borrower, by which ths default must be cured; and (d) that failure to cure the default on or before the date specified in the notice <br />m�y result in acceleration of the sums secured by this Security Instrument and sale af the Property. The notice shali further inform <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT Form 3D28 1/01 <br />Pege 5 of 6 <br />� <br />