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200301626
<br />already collected from Borrower which exceeded permitted limits will be rehmded to Borrower. Lender maychooseto make
<br />this rebind 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 To and trade by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of Stich overcharge.
<br />15. Notices. All notices given by Borrower or Izader 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 iCsent by other means. Notice a) 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 Icnder.
<br />Harrower shall promptly notify Lender of Borrower's change of address. If Lender specifies 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 one time. Any notice to Lender shall be
<br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Iender 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 Instrument is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy die 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 to any requirements and limitations ol'Applicable Law. Applicable law might explicitlyor
<br />implicitly allow the parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract In event that any provision or clause ofthis Security Instrument or the Noteconficts with
<br />Applicable 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 include corresponding neuter
<br />words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />word `Spay" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section l8,`9nteresthndie
<br />Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred is a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent ofwhich is the
<br />transfer oftitle by Borrower at a future date to a purchaser.
<br />Hall or any part ofthe Property or any Interest in the Property is sold or Transferred (or iCBorrowcr is not a natural
<br />person and a here meial 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 Leader if such exercise is prohibited by Applicable Law.
<br />If Lender exerebes this option, Under shall give Borrow at notice ofacceleration. 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 ofthis period, Under
<br />nhay invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Accelerat ion. 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 />before sale ofthe Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable law might spemCy for the termination of Borrower's right to reinstate; or (c) entry ofa ledgnient 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 tees 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, and Borrower's obligation to pay the sums Secured by this Security
<br />Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums aid expenses in one
<br />or more ofthe to flowing 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 Punds 'transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured herchy shall remain fully effective as ifno acceleration had occurred. However, dus fight
<br />to reinstate shall not apply in the case ofacceleration under Section 18.
<br />20. Sale of Nate, Change of Loan Servicer; Notice of Grievance. The Note 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 "I oan Servicer ") that collects Periodic Payments due under the Note 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 ofthe Loan Servicer unrelated to a sale ofthe Note. If there is a change of
<br />the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new
<br />Loan Servicer, the address to which payments should he made and any other information RESPA requires in connection with
<br />a notice of transfer ofservicing. Ifthe 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 die Ivan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
<br />litigant of 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 other party (with such notice given in compliance with the requirements ofSection 15)
<br />of Stich alleged breach and afforded the other party hereto a reasonable period after the giving ofsuch notice to take
<br />corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will he deemed to be reasonable for purposes ofthis paragraph. The notice ofacceleration and opportunityto cure
<br />given to Borrower pursuant to Section 22 and the notice ofacceleration given to Borrower pursuat to Section 18 shall be
<br />deemed to satisfy the notice and opportunityto 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 aid 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) " Environmcntal
<br />Cleanup" includes any response action, rcnedial 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-- Fannie MarTreddie Mac ON IFORM INSTRUMENT Farn30iA 1/01 (page6of8pages)
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