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�� r�.���. <br />�01.108417 <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 a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is soid or transferred (or it Borrower is not a natural <br />person and a beneficia{ interest in Borrower is sotd or transferred) without Cender's prior written consent, Lender may <br />require immediate payment in full of ali sums secured by this Security Instrument. However, this option shati not be <br />exercised by Lender if such exercise is prohibited by Applicabie Law. <br />If Lender exercises this option, Lender shall give 8orrower 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 all sums secured by this Security Instrument. If Borrower fails to pey these sums prior to the expiration of'this <br />period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demantJ on <br />Borrower. <br />19. 8orrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have <br />the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (al five days <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as <br />Applicabie Law might specify for the termination of Borrower's right to reinstate; or (c1 entry of a judgment enforcing <br />this Security Instrum�nt: Those conditions are that Borrower: (ai pays-Lender atC sums which then woui3 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; (c1 pays all expenses incurred in enforcing this Security instrument, inciuding, but not limited to, <br />reasonabie 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 may <br />reasonably require to assure that Lender's interest in the Property and rights under this Security instrument,'' and <br />Borrower's obligation to pay the sums secured by this Security lnstrument, shall continue unchanged. Lender may <br />require that Borrower pay such reinstatement sums and expenses in one or more of the foifowing forms, as selected by <br />Lender: (a) cash; (b) money ordar; (c) certified check, bank check, treasurer's check or cashier's check, provided any <br />such check is drawn upon an institution whose deposits are insured by a federai agency, instrumentality or entity; or (d) <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 shafl not apply in the <br />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 Security InstrumentY 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 and <br />this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Sec'urity <br />Instrument, and Appiicable law. There aiso 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 wiii be given written 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 thereaher the <br />Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obiigations to <br />Borrower wili remain with the �oan Servicer or be transferred to a successor Loan Servicer 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 othar party's actions pursuant to this Security Instrument or that alleges <br />that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such <br />Borrower or tender has notified the other party (with such notice given in compliance with the requirements of Section <br />15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to <br />take corrective action. if Appiicable Law provides a time period which must elapse before certain action can be taken, <br />that time period wilt be deemed to be reasonabie for purposes of this paragr,aph. The ;notice of acceleration' and <br />opportunity to cure given to Borrower pursuant to Sectiort 22 and the notice of acceleration given to Borrower pursuant <br />to Section 18 shaii be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section <br />20. <br />21. Hazardous Substances. As used in this Section 21: (a1 "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 />materiais containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federa4 laws <br />and faws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) <br />"Environmental Cleanup" includes any response action, remediai action, or removal action, as defined in Environmental <br />Law; and (d1 an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cieanup. <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 Substances, on or-in the Property. Borrower shall not do, nor ailow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presenca, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to <br />be appropriate to normal residential uses and to maintenance of the Property (inclutling, but not limited to, hazardous <br />substances in consumer products). <br />Borrower shali promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action <br />by any governmentai or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmentai Law of which Borrower has actuaf knowledge, (b) any Environmental Condition, including but not limited <br />to, any spilling, leaking, discharge, release or threat of re{ease of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. tf <br />Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other remedietion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. ' <br />NON-UNtFORM COVENANTS. Borrower and Lender further covenant and agree as follows: ' <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foflowing Borrower's <br />breach of any covenant ar agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicabie Law provides otherwise►. The notice shaH specify: (a) the defauit; (b) the action required to cure the default; <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 />td1 tfiat failure to cura the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice sha11 further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a defauit o� any othar <br />defense of Borrower to scceleration and sale. If the default is not cured on or before the date specifled in the notice, <br />Lender at its option may require immediate payment in full of all sums secured by this Security lnstrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitted to collsct a!{ expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonabie attorneys' fees and costs of title evidence. <br />if the power of sale is invoked, Trustee shall recard a notice of default in each county in which any part of the <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM iNS7RUMENT Form 3U28'1I01 <br />Page 6 of 7 <br />�� <br />� � <br />