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200301786 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a cofund reduces principal, the reduction will be treated as a partial repayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower s acceptance of such refund made by direct payment to Borrower will constitute a waiver ofany right ofaction Borrower might have arising out ofsuch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must he 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 when 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 Property Address unless Borrower has designated a substitute notice address by notice to lender. Borrowelf shall promptly notify 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 Borrower. Any notice in connection with this Security Instrument shall not be 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. lb. Governing Law; Severability; Rules of Construction. This Security Instrument shall he governed by federal law and the law of the jurisdiction in which the Property is located All rights and obligations contained in this Security Instrument are subject o any requirements mid limitations of Applicable Law Applicable Law might explicitlyor implicitly allow the parties to agree by contractor 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 Now conflicts with Applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which cam be given affect without the conflicting provision. As used in this Security Instrument: (a) words ofthe masculine gender shall mean mid'uhclude Lumber euter 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 ofthis Security Instrument. 18. 'Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 19, "Interest in the Property" means any legal or beneficial 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 oftitle by Borrower at a future date to a purchaser, Ifall or anyy part ofthe Property or any Lnteast in the Property is sold or transferred (or if Borrower is not a natural person and a bcnclicial interest in Borrower is sold or transferred) without Under's prior written consent, Lender may require immediate pa ment in full of all sums secured by this Security Instrument. however, this option shall not he exercised by Lender if such exercise is prohibited b� Applicable law. If Lender exercises this option, lender sha I give Borrower notice ofacceleration. Then aticeshall provide a period of not 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, Iender may invoke any comedies 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 ofthis Security Instrument discontinued at anytime prior it) 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 (c) entry of ajudgment enforcing this L Security Instrument. Those conditions are that Borrower' (a) pays ender 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 ofprotecting 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 I andor'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 mnrc 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 Transfer. Llpon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case at under Section 18. 20. Sale r Note; Change of Loan Servicer; Notice of Grievance. The Note Ora partial interest in the Note (together with this Security Instrument) can be sold one or more times without rior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic I1apments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations tinder the Note, this Security Instrument, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. lfthere is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the time and address ofthe new Lean Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bon'ower 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 any jun icial action he, 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 ofSection 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrWLive action. If Applicable Law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for ligoses ofthis paragraph. The notice ofacceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice ofacceleration 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, pol lutants, or wastes by Environmental Law and the following substances: gasuline, 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 thejurisdution where the Property is located that relateto 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 Environmental Cleanup. NEBRASKA Single Family - -Fantle Mae /Freddie Mac UNIFORM INSTRUMENT Form3028 1101 (pngetv,(8yage,) 9754.CV(1/02) 15IlIll Nrl 111(000119(e)