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. �- . , i ( G � i , . <br />20114058G <br />Borrower in connection with this Security Instrument shaR be deemed to have been given to Borrower when mailed by first class mail or <br />when actually delivered to Borrower's notice address if sent by ather means. Notice to any one Borrower shall constitute notice to all <br />Borrowers �nless Applicable Law expressly requires otherwise. ` The. notice address shall be the Property Address unless Borrower has <br />designated a substitute hotice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that <br />specified procedure. There may be onty one designated notice address under this Security Instrument at any one time. Any notice to <br />Lender shall be given by delivering it or by mailing it by 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 actually received by Lender. If any notice required by this Security Instrument is afso required under Appiicable Law, the <br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. All rights and obligations 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 by contract or it might be silent, <br />but such silence 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 Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or <br />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 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 a�tion. f . <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a 8eneficial Interest in 8orrower. As used in this Section 18, "Interest in the Property" means any <br />legal or beneficial interest in the Property, inciuding, but not limited to, those beneficial interests transferred in a bond for deed, contract for <br />deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower 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 Borrower is not a natural person and a <br />beneficial interest in Borrower is sold or transterred? without Lender's prior written consent, Lender may require immediate payment in fuli <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 exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not iess than 30 <br />days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security <br />Instrument. ►f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration: 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: (a) 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 />Borrower's right to reinstate; or rc) entry of a judgment enforcing this Security lnstrument. Those conditions are that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any <br />defauit of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited <br />to, reasonable attorneys' tees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's <br />inierest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure <br />that Lender's interest in the Property and rights under this Security 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: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, 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 Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall <br />remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under <br />Section 18, <br />20: Sale of Note; Change of ioan Servicer; Notice af 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 Borrovuer. A sale might result 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 performs 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 to 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 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 provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual �itigant 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 breached any <br />provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such <br />notice given in compliance with the requirements of Section 7 5) of such a!leged breach and afforded the other party hereto a reasonable <br />period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain <br />action can be taken, that time period will be deemed to be reasonabte 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 Substances. As used in this Section 21: (a) "Hazardous Substances" 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) "Environmental 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" inc�udes any response ac�[y, _r,�rp,��j�j,,,,,a,ction, or removal action, as <br />defined in Environmenta! Law; and 1d) an "Environmental Condition" means a condition that car� cause, conYrrbute ;ta,,:gF,�,�h�rwise trigger <br />an Environmental Cleanup. ? . � <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release o�a�tlys tt�rtardo�sc St�b,st�pca�, or threaten to <br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor affo "'snyone ets�°to�-do;^�°ar�y�tMing affecting the <br />Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the vaiue 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 />recognized to be appropriate to norma� residential uses and to maintenance of the Property (including, but not limited to, hazardous <br />substances in consumer products). <br />Borrower 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, inctuding but not limited to, any spilling, leaking, discharge, reiease or <br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the 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 alI necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br />fVON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give 'notice to Borrower prior to acceleration following Borrower's breach of any covenant <br />or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise); The <br />notice shail specify: (a) the default; (b) the actian required to cure the default; (cl a date,'not less than 30 days from the date the notice is <br />given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM IM1ISTRUMENT `���� Form 3028 7l01 <br />Page 5 of 6 <br />(�`-�`-� <br />