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<br />explicitly or ixnplicitly allow the parties to agree by contract or it might be silent, but such silence shall not be
<br />construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
<br />Instrument or the Note conflicts with Applicable Law, such conflict 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 Instrument: (a) words of the masculine gender shall mean and ittclude corresponding
<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. Bonower shall be given one copy of the Note and of this Security Instrument.
<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 Properly, including, but not limited to, those bene�cial
<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 Borrower 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 transfened (or if Bonower is not a
<br />natural person and a beneficial interest in Borrower is sold or transfened) 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 />sha,ll not be exercised by Lender if such exercise is prohibited by Applica,ble Law.
<br />If Lender exexcises 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 accordance with Section 15 within which Bonower
<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 Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Bonower meets certain conditions, Bonower shall
<br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
<br />�ve days before sale of the Properly pursuant to any power of sale contained in this Security Instrument; (b) such
<br />other period as Applicable Law might specify for the termination of Bonower's right to reinsta,te; or (c) enhy of a
<br />judgment enforcing this Security Instrument. Those conditions are that Bonower: (a) pays Lender all sums which
<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 Security Instrument, including,
<br />but not limited to, rea.sonable attomeys' 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 Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
<br />Instrument, and Bonower' s obligation to pay the sums secured by this Securiry Instrument, shall continue unchanged.
<br />Lender may require that Bonower pay such reinstaxement 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 are insured 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 effective as if no acceleration had occurred. However, this right to reinsta,te 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 paxtial 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 (known as the "Loan Servicer") 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 />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
<br />of the Note. If there is a change of the Loan Servicer, Bonower 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 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 the pu.rchaser of the Note, the mortgage loan servicing obligations
<br />to Bonower 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 arises 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 Bonower or Lender 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 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 />can be taken, that time period will be deemed to 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 Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take conective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substa.nces" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />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 action, 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 Clea.nup.
<br />NEBRASKA—Single Famfly—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MER�� / / /7/ DocMagJc�
<br />Form 3028 1/01 Page 8 of 11 �� www.docmagJc.com
<br />Na3028.mzd�anl
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