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200301162 already collected from Borrower which exceeded permitted limits will be refimded 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. If refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will consulate a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or [ender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or" hen actually delivered to Borrower's notice address ifsent 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 Properly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrowet shall promptlyy utility Lender of Borrower's change of address. If lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change ofaddress through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender 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 Burrower. 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 ofthe 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 explicitly or 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 ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa, and (c) the word °may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" menus any legal or benetcial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. [fall 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, Lender may require immediate payymment in fill of all sums secured by this Security Instrument. However, this option shall not be exorcised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option. Under shall give Borrower notice ofacccicration. The notice shall provide a period ofnot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 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 enforcement of this Security Instrument discontinued at any time 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 of a nodgnient enforcing this Security Instrument Those wnditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the NOW 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 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose ofprotecfing Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender'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 require that Borrower pay such reinstatement sums and expenses in one or more ofthe following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check 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 (truster. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if to acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section I8. 20. Sale of Note; Change of Loan Servicer; Notice of G rievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the `Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs otter mortgage loan servicing obligations under the Nate, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Sets icer unrelated to a sale of the Note- Ifthere is a change of the (Alan Servicer, Borrower will be given written notice ofthe change which will state the name aid address ofthe new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with to notice of transfer of servicing. If the Note is sold and thereafter the Lean 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 cat assumed bythe Note purchaser unless otherwise provided by theNote purchaser. Neither Burrower nor Lender may continence, join, or be joined to any judicial action (as either an individual litigant or the member ofa 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 wry duty owed by reason of, this Security Instrument, until such of such alleged breach and alluded the other party hereto a reasonable period after the giving of such notice to take corrective action. It Applicable Law provides a time period which must elapse before certain action can betaken, that time period will he deemed to be reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration 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 1 aw and the following substances: gasoline, kerosene, other floe nnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" 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 any response action, remedial action, or removal action, as defined in Envimmnenlzl Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NF11RASKA —s,n,k Family — Fannie Noe /Freddie Mac UNIFORM INSTRUMENT Form3028 1 /01 tpnge6gf8pgesl msacv(I mz) lwlsrl GO (Oomn 52)