200301956 - Laserfiche WebLink

Browse

200301956 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. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any preppayment charge (whether or nota prepayment charge is provided for under the Note). Borrower's acceptance ofany such refuadmadeby direct paymentto Borrower will constitute a waiver of any right ofaction Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument most be in writing. Any notice to Borrower in connection with this Security hnst rumen[ shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifsenl by other means. Noticem 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. Borrower shall prompptlyy 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. Ifaty 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 at 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 aid limitations of Applicable Law. Applicable l aw might esp licitly 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 (tithe 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 can be given effect without the conflicting provision. As used in this Security Instrument, (a) words ofthe masculine gender shall mean mid include corresponding neuter wards or words oflhc 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 lake any action. 17. Borrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument. 18. Transfer ofthe 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 Properly, 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 ofwhich is the transfer oftitle by Borrower at a move date to a purchaser. [fall or any part of the Property or any Interest in the Property is sold or transferred (or ifRorrower 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 payment in full of all sums secured by this Security Instrument. Ilowever, this option shall not be exercised by Lender it such exercise is prohibited by Applicable law. Ifl ender exercises this opt ion, Lender shall give Borrower notice ofacceleration. The notice shall 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 thils 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 Re instate Aft er Acceleration.l£Borrower meets certain conditions, Borrower shall have the rip [it to have enforcement ofthis Security Instrument discontinued at anytime prior to the earliest of. (a) five days betore 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 tine termination of Borrower's right to reinstate; or (c) entry of ajudgmern enforcing this Security Instrument f h . 'ose conditions 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 of-protecting Lender's interest in the Property and rights under this Security Instrument; mid (d) takes such action as Lender may reasonably require to assure that lender's Interest in the Property and rigfi m ts under this Security Instrument, and Borrower's obligation to pay die sus 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 I ender: (a) cash; (b) money order; (c) certified check, bank check, treasmer'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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as ifno 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 Grievance. The Note of a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Burrower. A sale might result in a change in the entity (known as the "[Alan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and perforns 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. I£there is a change of the IAlan Servicer, Borrower will be given written notice of the change which will stale the name and address ofthe new Loan Servicer, the address to which payments should be made mid any other information RESPA requires in connection with a notice oRmnsfer of servicing. Ifthe Note is sold and thereafter the Ivan 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 W a successor Loren Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or bepined to anyjudicial action (as either an individual litigant or the member Ora class) that arises from the other party's actions pursuing 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. 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 purposes of paragraph. The noticeofacceleration 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 hanrdous substancea, pollutants, or wastes by Environmental Law and the following substances- gasoline, kerosene, other flammable or toxic petroleum products, IONIC 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 cnvronmenml protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Iaw; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA S,,Jl FOmily— Fanni, Mne /Freddie Mac IN I FORM INS' 1' NUM ENT Form3028 I /01 (pa ebof8pagu) 9754 CV (1 /02) 165995 GOTO(0004241b)