|
. ;, � : , � P �� 20i108i64
<br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
<br />the transfer of title by Borrower at e future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is soid or transferrad (or if Borrower is not a natural
<br />person and a beneficial interast in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediata payment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised by Lender if such exercisa is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must
<br />pay ali sums secured by this Sacurity Instrument. If Borrower fails to pay these sums prfor to the expiration of this
<br />period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Borrower. �
<br />19. Borrower's Right to Reinstete After Acceleretion. If Borrower meets certain conditions, Borrower shall have
<br />the right to have enforcement of this Security instrument discontinuad at any time prior to the earliest of: (a) five days
<br />bafore sale of tha Property pursuant to any power of sale conteined in this Security Instrument; Ib) such other period as
<br />Appliceble Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
<br />this Security Instrument. Thosa conditions are thet Borrower: (a) pays Lender all sums which then would be due under
<br />this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
<br />or agreements; (c) pays ali expenses incurred in enforcing this Security Instrument, including, but not limited to,
<br />reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting
<br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender mey
<br />reasonably require to assure that LendePs interest in the Property and rights under this .Security Instrwment and
<br />Borrower's obligation to pay the sums s�cured by this Securif:y Instrumant, shell continue ur�changed. Lender rriay
<br />require that Borrower pay such reinstatement sums and axpenses in one or more of the following forms, as selacted by
<br />Lender: (a? cash; (b) money order; (c) certified check, bank check, treasurer's chack or cashier's check, provided eny
<br />such check is drawn upon an institution whose deposits are insured by e federal agency, instrumentality or entity; or id)
<br />Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the
<br />case of acceleration under Saction 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) cen be soid 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 and
<br />this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Sacurity
<br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of
<br />the Note. If there is a change of the Loan Servicer, Borrower will be given w�itten notice of the change which will state
<br />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 the
<br />Loen is serviced by a Loen Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the Loan Servicer or be transfarred to a successor Loan Sarvicer and are not assumed by the
<br />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
<br />or the member of a class) that arises from the other perty's actions pursuant to this Security Instrument or thet alleges
<br />that the other party hes breached any provision of, or eny duty owed by reason of, this Security instrument, until such
<br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section
<br />15) of such alleged breach end afforded the other party hereto a reasonable period after the giving of such notice to
<br />taka corrective ection. If Applicable Law provides a time period which must elapse before certein action can be taken,
<br />that time period will be deemed to be reasonable for purposes of this peragraph. The notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of ecceleration given to Borrower pursuent
<br />to Section 18 shall be deemed to satisfy the notica and opportunity to take corrective action provisions of this Section
<br />20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are .�hose substances
<br />defined as toxic or hazardous subsYance's; pollute[1ts; or westas by Environmental`Law end the foliowing'substances:
<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, end radioactive materials; (b) "Environmental Lew" means federal lews
<br />and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remadial action, or removal ection, as defined in Environmantal
<br />Lew; and (d) an "Environmental Condition" means a condition that can ceuse, contribute to, or otherwise trigger en
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threaten to release any Hazardous Substences, on or in the Property. Borrower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, fb) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substanca, "creates e
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not epply to the
<br />presence, use, or storage on the Property of sma�l quantities of Hazardous Substances that are generelly recognized to
<br />be appropriate to normal residential uses and to maintenance of the Property (including, but not limitad to, hazardous
<br />substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigetion, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower hes actual knowledge, (b) any Environmentel Condition, including but not limited
<br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition
<br />caused by the presence, use or release of e Hazardous Substance which adversely affects the value of the Property. If
<br />Borrower learns, or is notified by any governmentel or reguletory authority, or any privete party, that any removai or
<br />other remediation of any Hezardous Substance affecting the Property is nacessary, Borrower shall promptly teke all
<br />necessary remadiel actions in accordance with Environmental Lew. Nothing herain shall create any obligetion on Lender
<br />for an Environmental Cleanup.
<br />NOIV-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foflows:
<br />22. Acceleration; Remedies. Lender shail give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
<br />Applicable Law provides otherwise). The notice shall specif�r: (e) the default; (b) the acYion required to cure the defiault;
<br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
<br />(d) that failure to cure the default on or before the date specifled in the notice may result in ecceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstate efter acceleration and the right to bring a court action to assert the non-existence of a default or any other
<br />defense of Borrower to ecceleration and sele. If the default is not cured on or before the date specified In the notice,
<br />Lender at ks option may require immediete payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by Applicabie Law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
<br />to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shell record a notice of default in each county in which any part of the
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM IIVSTRUMENT
<br />Page 6 of 7
<br />Form 3028 1101
<br />�
<br />��
<br />
|