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201104252
<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 prohibition against agreement by contract. In the event �liat any provision or clause of this Security
<br />Instnunent or the Note conflicts with Applicable Law, such conflict sha11 not affe�t 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 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. Borrower shall be given one copy of the Note and of this Security Instrunnent.
<br />18. Transfer of the Property or a Bene�cial Interest in Borrower. As used in this 5ection 18, "Interest in
<br />the Property" means any Iegal 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 agr�ment, the intent
<br />of which is the transfer of title by Bonower 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 transferred (or if Borrower 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 />shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If L,ender exercises this option, Lender sha1l give Bonower notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is given in accor@ance with Section 15 within which Bonower
<br />must pay a11 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 S�urity Instrument without further notice or demand
<br />on Bonower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bonower sha11
<br />have the right to have enforcement of this Security 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 int tivs Se.curity Instrument; (b) such
<br />other period as Applicable L,aw might specify for the ternunation of Borrower's right to reinstate; or (c) entry of a
<br />judgment enforcing this Se,curity 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 incuned 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 protect'vng 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 Borrower's obligation to pay the sums secured by this Security Instrument, sha11 continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of ttie following forms,
<br />as selected by Lender: (a) eash; (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 Instrumant and obligations
<br />secured hereby sha11 remain fully effective as if no acceleration had occurred. 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 Securiry Instrument) can be sold one or more times without prior notice to Borrower. 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 charige 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 Servicer, the address to which payments should be made and any other
<br />information RESPA requires in conn�tion 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 tke purchaser of the Note, the martgage 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 jo'vned 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 J:ender has notified the other party (with such notice given in compliance with the requuements
<br />of Section I S) of such alleged breach and afforded the other pariy hereto a reasonable period after the giving of such
<br />notice to take conective action. If Applicable La.w 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 $onower pursuant to Section 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 Substances. 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 flannmable 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 Properiy is located that relate to health, safety or environmental prot�tion;
<br />(c) "Environmental Cleanup" includes any response action, remedial action, or removai 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 Environmentai Cleanup.
<br />Mac UNIFORM INSTRUMENT - MERS
<br />Page 8 of 11
<br />Do�aglc �
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<br />NEBRASKA--Single
<br />Form 3028 1 /01
<br />Ne3028.mzd.Anl
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