|
20��o3��i
<br />explicitly or implicitly a11ow the parties to agree by contract or it might be silent, but such silence sha11 not be
<br />construed as a prohibition against agreement by contract. In the event that any provisiori 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 sha11 mean and include corresponding
<br />neuter words or words of the feminine gender; (b) words in the singular sha11 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. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Benefic�al Interest in Borrower. As used in this S�tion 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 dced, 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 a11 or any part of the Property or any Interest in the Property is sold or transferred (or if Bonower is not a
<br />natural person and a beneficial interest in Bonower is sold or transferred) without Lender's prior written consent,
<br />Lender may require immediate payment in full of all sums secured by this 5ecurity 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 sha11 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 5ecurity Instrument. If Borrower 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, Borrower shall
<br />have the right Co have enforcement of this Securiry Instnunent discontinued at any time 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 period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
<br />judgment enforcing this Security Instrument. Those conditions are that Bonower: (a) pays Lender a11 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 a11 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 Lender may reasonably require to assure that Lender's interest in the Properly and rights under this Security
<br />Instrument, and Borrower's obligation to pay the sums se.cured by this 3ecurity Instrument, sha11 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 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. U�on reinstatement by Borrower, this Security Instrument and obligations
<br />secured hereby sha11 remain fully effective as if no acceleration had occurred. However, this right to reinstate sha11
<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 partiai 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 />Instnunent, 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, Borrower will be given written notice of the change which will
<br />state the name and address of the new Loan 5ervicer, 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 purchaser of the Note, the mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer or be transfened 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 comtnence, 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 pariy has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
<br />of 5ection 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 reasona.ble for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to 5ection 22 and the notice of acceleration given
<br />to Borrower 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 5ubstances. 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 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 Cleanup.
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS po�cMag/c�
<br />Form 3028 1/01 Page 8 of 11 www.docmagic.com
<br />Ne3028.mzd.unl
<br />
|