200300706 - Laserfiche WebLink

Browse

200300700 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or notaprepayment charge is provided for under the Note). Borrower's acceptance of any such re and made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower i n connection with th is Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if'sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prom try notify Lender of Borrower's change of address. If Under specifics a procedure for reporting Borrower's change otaddress, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one lime. Any notice to Under shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower_ Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by lender. If any notice required by this Security Instrument is also required under Applicable law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitlyor implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used is this Security Instrument: (a) words ofthe masculine gender shall mean end include corresp ary in66 neuter words or words ofthe feminine gender, (b) words in the singular shall mean and include the plural and vice versaI and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Bor'rower's Copy. Borrower shall be given one copy of the Note mid ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those heneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer of title by Borrower at a future date to a purchaser. Ifall or any Part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Under may require immediate payymment in fill of all sums secured by this Security Instrument. however, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'I he notice shall provide a period of not less than 30 day from the date the notice is given in accordance with Section 15 within which Borrower must pay al I Sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration ofthis period, lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have cnforccmcnt ofthis Security Instrument discontinued at anytime prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable law might specify for the termination of Borrower's right to reinstate; or (e) entry ofaludgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited lo, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property mid rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that fender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may requrethat Borrower paysuch reinstatement sums andexpenses in one or more ofthe following forms, as selected by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's cheek or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and ohligahoas served hurebyshall remain fully effective as if no acceleration had occurred I loweveq this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (togetherwith this Security Instrument) can be sold one or note times without prior notice to Borrower. A sale might result Ina change In the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security nstrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'there also might be one or more changes of the Loan Servitor unrelated to a sale of the Note. lfthere is a change of the Loan Servicer, Borrower will be given written notice of die change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If tire Now is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed bythe Now purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual litigant or the member of class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of this Security Instrument, until such Borrower er Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party herein a reasonable period after the giving of such notice to take corrective action. IfApplicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be rescrouble for perpoecs of this paragraph. The notice of acceleration and cppornmity to cure given to Borrower pursuant to Section 22 and the notice ofacceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20, 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental I aw and the following substances- gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides mid herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (h) "Environmental I aw" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes anv response action, rmnedial action, or removal action, as defined in Environmental law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NFBRASKA--Single Family -- Fannie Mae /Freddie Mac [IN] FORM INSTRUMENT Form3028 1 101 (pgge6o(8pagxs) 9.51 cv(I /02) 16L 1208 lir11111111101i19d)