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�u��u���a <br />DOC ID #: 00024066407409011 <br />event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not <br />affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Securlty Instrument: (a) words of the masculine gender shall mean and include conesponding neuter words or <br />words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" <br />gives sole discretion without any obflgation 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 Beneficial Interest in Borrower. As ased in this Section 18, "Interest in the Property" <br />means any legal or beneficial interest in the Property, including, but not limited to, those beneflcial interests transferred in a bond <br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Bonower <br />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 natural person <br />and a beneficial interest in Bonower is sold or transfened) without Lender's prior written consent, Lender may require immediate <br />payment in full of all sums secured by th9s Security Instrument. However, this option shall not be exercised by Lender if such <br />exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is given in accordance with Secrion 15 within which Bonower must pay all sums <br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this perlod, Lender may invoke <br />any remedies permitted by this Security Instrument without further notice or demand on Bonower. <br />19. Borrower's Right to Reinstate After Acceleration. If Bonower meets certain conditions, Borrower shall have the <br />right to have enforcement of this Security Instrument discontinued at any time prlor to the earflest of: (a) five days before sale of <br />the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might <br />specify for the termination of Bonower's right to reinstate; or (c) entry of a,�udgment enforcing this Security Instrument. Those <br />conditions are that Bonower: (a) pays Lender all sums which then would be due under this Security Insm�ment and the Note as if <br />no acceleratlon had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in <br />enforcing this Security Instrument, including, but not limited to, reasonable attomeys' fees, property inspection and valuation fees, <br />and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and <br />(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this <br />Securlty Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. <br />Lender may require that Bonower pay such reinstatement sums and expenses in one or more of the following forms, as selected by <br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is <br />drawn upon an institutlon whose deposits aze insured by a federal agency, instrumentality or entity; or (� Electronic Fnnds <br />Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as <br />if no acceleration had occ�rred. However, this right to reinstate shall 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 partial9nterest in the Note (together with <br />this Security Instrument) can be sold one or more times without prlor notice to Borrower. A sale might result in a change in the <br />entity (known as the °Loan Servicer") that collects Periodic Payments due under the Note and this Securlty Instrument and <br />performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also <br />might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, <br />Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to <br />which payments should be made and any other information RESPA requires in connechon with a notice of transfer of servicing. If <br />the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan <br />servicing obligations to Borrower will remain with the Loan Servicer or be transfened to a successor Loan Servicer and are not <br />assumed 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 litigant or the <br />member of a class) that arises &om the other party's actions pursuant to this Security Instrument or that alleges that the other parly <br />has breached any provision of, or any duty owed by reason of, this Security Insirument, until such Borrower or Lender has notlfied <br />the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the <br />other party hereto a reasonable period after the giving of such notice to take conective action. If Applicable Law provides a time <br />periorl which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this <br />pazagraph. The notice of acceleration and opportunity to cure given to Bonower pursuant to Section 22 and the notice of <br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportuniry to take corrective <br />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 <br />or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other <br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurLsdictlon where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />condiflon that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to <br />release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything 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 <br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The <br />preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property <br />(including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, laws�it or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of <br />which Bonower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, <br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />a Hazardous Substance which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediatlon of any Hazardous Substance affecting the Property <br />is necessary, Borrower shall prompdy take all necessary remedial actions in accordance with Environmental Law. Nothing herein <br />shall create any obligation on Lender for an Environmental Cleanup. <br />NEBRASKA—Single Family—Fannie Mae/Freddis Mac UNIFORM INSTRUMENT (MERS) Form 3028 1/01 <br />MERS Deed of Trust-NE <br />2006A-NE (08/08) Page 7 of 9 <br />