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201101435 <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 prohibirion against agreement by contract. In the event that any provision or clause of this Security <br />Instnunent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note wluch can be given effect without the conflicung provision. <br />As used in this Security Instrument: (a) words of the masculine gznder shall mean and include wrresponding <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 acrion. <br />17. Borrower's Copy. Bonower shall be given one copy of the I3ote ana of this Security Insmament. <br />18. Transfer of the Properly or a BeneTicial 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 beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent <br />of which is the transfer of title by Bonower at a fizture 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 person and a beneficial interest in Borrower is sold or uansferred) without Lender's prior written consent, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given in acwrdance with Section 15 wittrin which Borrower <br />must pay all sums secured by this Security Instrument. If Bonower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand <br />on Bonower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain condirions, Borrower shall <br />have the right to have enforcement of this Secwity Instrument discontinued at any time prior to the earliest o£ (a) <br />five days before sale of the Propercy pursuant to any power of sale contained in this Security Instrument; (b) such <br />qlher period 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 sums wlvch <br />then 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 Securiry Insmunent, 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 Securiry Instrument; and (d) takes such <br />acrion as Lender may reasonably require to assure that Lender' s interest in the Property and rights under this Security <br />Instnament, and Borrower's obligation to pay the sums securedby this Security Instrument, shall wntinue 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 or cashier' s check, <br />provided any such check is drawn upon an institution whose deposits aze inswed by a federal agency, instrumentality <br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations <br />secured hereby shall remain fully effecuve as if no acceleration had occuned. However, this right to reinstate shall <br />not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan 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 Bonower. A sale might <br />result in a change in the entity (Imown as the "Loan 5ervicer") that collects Periodic Payments due under the Note <br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />I' Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale <br />�i of the Note. If there is a change of the Loan Servicer, Borrower will be given written norice of the change which will <br />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 <br />�! the Loan is serviced by a Loan Servicer other than tUe 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 Borrower 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 azises from 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 Lender has norified 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 after the giving of such <br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action <br />I I' can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />i acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given <br />to Bonower 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. A� used in this Section 2L• (a) "Hazardous Substances" are those substances <br />� defined as tmcic or hazazdous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toacic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />`i materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />I laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal acrion, as defined in <br />Environmental Law; and (d) an"Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br />NEBRASKA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCMatJIC 4� 800-649-1382 <br />Form 3028 1/Ot Page 8 of 11 www.docmagic.com <br />��� �� <br />