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200301078
<br />already collected from Borrower which exceeded permitted limits will be refunded m Borrower. Lender may choose m make
<br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any
<br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.
<br />Borrower shall prompptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting
<br />Borrower's change ofaddress, then Borrower shall only report a change ofaddress through that specified procedure. There
<br />may be only one desiguated notice address under this Security instrument at any one time. Any notice to Lender shall be
<br />given by delivering i[ or by mailing it by first class mail to Lender's address stated herein unless Lender has designated
<br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
<br />been given to Lender until actually received by Lender If any notice required by this Security Iostrument is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations of App] icable Law. Applicable Law might explicitly or
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />o3, ect without the conflicting provision.
<br />As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include correspondin neuter
<br />words or words of the feminine gender; (b) word
<br />word "may" gives sole discretion without any of
<br />17. Borrower's Copy. Borrower sha
<br />18. Transfer ofthe Property or a Be
<br />Property" means any legal or beneficial interes
<br />transferred in a bond for deed, contract for deed .
<br />transfer of title by Borrower at a future date to a
<br />If all or any part ofthe Property or any I
<br />I mean and include the plural and vice versa; and (c) the
<br />action.
<br />ofthe Note and of this Security Instrument.
<br />Borrower. As used in this Section 18, "Interest in the
<br />eluding, but not limited to, those beneficial interests
<br />utract or escrow agreement, the intent ofwhich is the
<br />or if Borrower is not a natural
<br />person and a being icial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lander 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 pay all
<br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) 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 />Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry ofajudgment enforcing this
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
<br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged. Lender mayrequire that Borrower pay such reinstatement sums and expenses in one
<br />or more ofthe following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
<br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fullyeffective as ifno acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 18,
<br />20. Sale of Nate; Change of Loan Servicer; Notice of Grievance. The Nate or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result
<br />in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Now and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice of transfer of servicing, If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor loan Servicer and are not assumed by theNote purchaser unless otherwise provided bythe Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other parry'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 Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take
<br />corrective action. If Applicable law provides a time period which must elapse before certain action can betaken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pol lutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup,
<br />NEBRASKA — Single Family-- FannieMae/Frediiie Mac UNIFORM INSTRUMENT Form3028 1/01 (puge5 f8pag J
<br />9754 CV (1 /02) 1642438
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