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99 110603 � �
<br /> the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will
<br /> be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
<br /> making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
<br /> without any prepayment charge under the Note.
<br /> 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
<br /> mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
<br /> Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
<br /> first class mail to Lender's address stated herein or any other address Lender desi�ates by notice to Borrower. Aay notice
<br /> provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
<br /> in this paragraph.
<br /> 15. Governing Law; Severability. This Securiry Instrument shall be governed by federal law and the law of the
<br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
<br /> conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which
<br /> can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note
<br /> are declared to be severable.
<br /> 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
<br /> 17. 'lYansfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
<br /> in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
<br /> without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured
<br /> by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law
<br /> as of the date of this Security Instrument.
<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 delivered or mailed within which Borrower must pay all sums secured a
<br /> by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke k
<br /> any remedies permitted by this Security Instrument without further notice or demand on Borrower. ?
<br /> 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have '
<br /> enforcement of this Security Instrument discontinued at any tune priar to the earlier of: (a) 5 days (or such other period q
<br /> as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this �
<br /> Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
<br /> (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration
<br /> occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this `{
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<br /> Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
<br /> reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
<br /> obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
<br /> this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
<br /> However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
<br /> 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
<br /> Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity i
<br /> (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also
<br /> may 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 in accordance with paragraph 14 above and applic,:�.:. law. The notice
<br /> will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice
<br /> will also contain any other information required by applicable law.
<br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
<br /> any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
<br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
<br /> use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate
<br /> to normal residential uses and to maintenance of the Property.
<br /> Borrower shall promptly give Lender written notice of any investigation, 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 has actual knowledge. If Borrower learns, or is notified by any governmental or
<br /> regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
<br /> Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as to�ric or hazardous substances
<br /> by Environmental Law and the following substances: gasoline, kerosene, other flammable or to�cic petroleum products, to�ric
<br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As
<br /> used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located
<br /> that relate to health, safety or environmental protection.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br /> 21. Acceleration; Remedies. Lender shall 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 paragraph 17 unless
<br /> applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required ta 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 /> (d) that failure to cure 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 shall 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 default or any other
<br /> defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br /> Lender at its option may require immediate 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 applicable law. Lender shall be
<br /> entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited
<br /> to,reasonable attorneys'fees and costs of title evidence.
<br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the
<br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to
<br /> the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice
<br /> of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell ,
<br /> the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice j
<br /> of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br /> Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 9/90 (page 4 of 5 a-p ges)
<br /> Page 4 Form Sottware by Automated Real EsWte Services,Inc. 1-800-330-1295 X-29549,���t----
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