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200301741 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. lfa refund reduces principal, the reduction wit lrcatcd as a partial prepayment without any prepayment charge (whedler or nmaprepaynhent charge is provided for underthe Note). Borrower's acceptance ofany such re nd made by direct payment to BOrrowerwill constitute a waiver ofany right ufacnon Borrower might have arising out ofsuch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deeniedwhave beengivento Borrower when Trailed by first class mail or when actually delivered to Borrower's notice address ifsent by other means. Notice to any one Borrower shall constitute notice to all Borrowera unless Applicable Low 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 prompptlyy notity Lender of Borrower's change of address. If Iender specifics a procedure for reporting Rorrower's change 7a dress, 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 Borrower. Any notice in connection with this Security Instrument shall not he deemed to have been given to lender until actually received by Lender. Ifany 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 Low; 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 io any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to ogree by contract or it might he silent, but such silence shall nut 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 c cel without the conflicting provision. As used in this Security Instrument (a) words ofthe masculine gender shall mean and include corresponding neuter words nr words ofthc feminine gender; (b) words in the singular shall mean and include the plural mid vice versa; mid (c) the word "may' gives sole discretion without any obliggation m take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and 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 lo, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contractor escrow agreement, the intent ofwhich is the transfer oftitle by Borrower at a future date In 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 Lcudcr's prior written consent, Lendcr may require immediate payment in full 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 ofacceleration. The notice shall provide a period ofnot less than 30 days from the date the notice is given in accordance with Section IS 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 env remedies permitted by this Securih, Instrument without further notice or demand on Borrower. have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earl lest or (a) eve 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 lot the termination of Borrower's right to reinstate; or (c) entry ofajudgment enforcing this Security Instrument Those conditions arc 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 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of pmtecling Lender's interest in the Property mid rights under this Security Instrument; and (d) takes such action as Lander may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay die sums secured by this Security Instrument, shall continue unchanged. Lender mayrequire that Borrower pay such reinstatement sums and expenses in one or more ofthe following forme, as selec cd by Iandcr: (a) cash, (b) money order; (c) certified check, bank check, treasurer's dueck 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 obligations secured hereby shall remain fully effective as ifn h acceleration had occurred. However, this right to reinstate Shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice ofGrievanee. 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 die "Loan Servicer ") that collects Per Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable I.hs, There also might be one or more changes ofthe Loan Servicer unrelated to a sale offlie Note. Ifthere is a change of the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new Loan Servicer, the address ni which payments should be made and any other information RESPA requires in connection with a notice oftransfer of servicing. Ifthe Note is sold and thereafter the Loan is serviced by a loan Servicer other than the purchaser ofthe 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 by the Note 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 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 any duty owed by reason of, this Security Instrument, until such Borrower or 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 hereto a reasonable period after the giving of such notice to take corrective action. IfApplicable Iace provides a time period which must elapse before certain action can be taken, that time period will be deemedd to be reasonable for purposes of this paragraph. The notice ofacceleration and opportunityto cure given to Borrower pursuantto Section 22 and the notice ofacceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportmttyto 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 Law and the following substances: gasoline, kerosene, other flammable 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 flue 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 Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviroinental Cleanup. NEBRASKA— Sinplc Family- -Fame MavlFre00ie Mac UN I FORM INSTRUMENT Fnrm1028 1101 (poge6of3payu) s154cvr02) 1641691 GOTO100041E11)