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<br />already collected from Borrower which exceeded p anoled limits will be refunded to Borrower. Lender nmy choose to make
<br />this refund by reducing the In owed under the Note or by making a direct payment to Borrower. Ifa refiind 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 acceptanceofanysuchre and made by direct payment to Borrower will
<br />constitute a waiver ofany right ofaction Borrower might have arising out ofsuch 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 ifsent 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 />Borrowecshall promptly notify Lender of Borrower's change of address. If Under specifics a procedure for reporting
<br />Borrower's change of address, then Borrower shall only report a change ofaddress through that specified procedure. There
<br />may be only one designated notice address under this Security Instrument at any tine time. Any notice to Lender shall be
<br />given by delivering it or by moiling 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 lnstrumenlshall not be deemed to have
<br />been given to Lender until actually received by Lender. Ifany notice required by this Security Instrument 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 ofthe jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject io any requirements and limitations of Applicable Law. Applicable Law might explicalyor
<br />implicitly allow the parties to agree by contract.. it might be silent, but such silence shall not be construed as a pruhibilion
<br />against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Appplicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given
<br />effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words ofthe masculine gender shall mean and includecorrespondin neuter
<br />words., words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; Me) Ne
<br />word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy ofthe Note mid ofthis Security Instrument,
<br />18. Transfer ofthe Property or a Ren ticial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal tin beneficial interest in the Properly, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contract for deed, installment sales contractor escrow agreement, the intent ofwhich is the
<br />transfer oftitle by Borrower m a future dale to a purchaser.
<br />Ifall or any part ofthe Property m any Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a hencftcial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in fill of all sums secured by},, this Security Instrument, However, this option shall not be
<br />exercised by Under if such exercise is prohibited by Alm I Icable Law.
<br />Iflznder exercises this option, Lendershall give BOrrowernotice ofacceleration. The notice shall provide a period
<br />ofnot less than 30 days from the datethe notice is given in accurdance with Section 15 within which Borrower nmsl payall
<br />sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration ofthis 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 ofthis Security Instrument discontinued at any time prior to the earliest of. (a) five days
<br />hehnc 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 ofaludgment 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 Ices incurred for the purpose ofprotecting 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, mid Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or entire of the following forms, as selected by lender: (a) cash; (b) money order; (e) certified check, bank check, a enactor'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 fully effective as ifno acceleration had occurred. I lowever, this right
<br />to reinstate shall not apply in the case ofacceleration under Section 18,
<br />20. Sale ofNote; Change of Loan Servicer; Notice ofGrie va net. '1'he Note or a partial interest in the Note
<br />(together with this Security Instrument) can he 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 Note and this Security
<br />Instrument and performs other mortgage Iran servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. Ifthere is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address ofthe new
<br />Lori Servicer, the address to which payments should be made and any offer information RESPA requires in connection with
<br />a notice oftransfer ofservicing. Ifthe Note is sold and thereafter the loran is serviced by a Loan Servicer tither 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 I oan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Iznder may commence, join, or he joined to any judicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other 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 Lender has notified the otter party (with such notice given in compliance with the requirements ofSection 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take
<br />ctirrettivc action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes ofthis rtu
<br />paragraph_ The notice ofacceleration and opponityto cure
<br />given to Borrower pursuant to Section 22 and the notice ofaccelertton given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions ofthis 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, pollutants, 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 />thejurisdlenon where the Property is located that relate Lo health, safety or env ironmenlal 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 arm Envimnmcnlal Clemmp.
<br />NEBRASKA — Single FVaily— Fannie Nae /Freddie Nac ONIFORMINSTRIIMFNT Fnrm3028 1 /01 (pa,Qe6ofAPngesJ
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