200302591
<br />already collected fiem Borrower which exceeded permitted limirs will be refunded to harrower. I ender maychoose to make
<br />this refund by reducing the principal owed u w
<br />tinder the Note or by making a direct payment to Borroer. Ifs refund reduces
<br />principal, the reduction will be treated as a partial prepaymerd without any prepayment charge (whether or nota prepayment
<br />charge is provided for under the Note). Borrower's acceptance ofany such refund made by direct payment to Borrower will
<br />constitute a waiver of any right ofaction Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or Under in connection with this Security Instrument must be in
<br />when naked by host class mad or when actually delivered to Borrower's notice address it sent by other means. Noticc to ally
<br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly retinues otherwise. The notice
<br />address shall be the Properly Address unto.'.' Borrower has designated a substitute notice address by notice to Lender.
<br />Borrower 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 tinder this Security Instrument at any one time. Any notice to Leader shall be
<br />given by delivering it or by moiling it by first class mail to Lender's address stated herein unless Lender has designated
<br />another address m
<br />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. Ifany notice required by this Security Instrument is also required
<br />under Applicable law, the Applicable Iaw requirement will satisfy the corresponding requirement wader this Security
<br />Instrument,
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
<br />federal Inv and the low of the jurisdiction in which the Property is located. AI I rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations of Applicable Law. Appliwblelawmightexplicitlyor
<br />implicitly allow the parties to agree by contractor it might he silent, hilt such silence shall not be construed as a pmhibilion
<br />against agreement by contract. In thee, ent that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall riot affect other provisions ofthis Security Instrument or the Note which can be given
<br />effect without the cenfiicting 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, (h) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />ward "may' gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument,
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, `Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />lmnafcrred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the inlets of which is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part ofthe Property or env Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />rail u i re iln mediate payment in htl of all sums secured b))- this Security Instrument. However, this option shall not be
<br />exercised by Lender it such exercise is prohibited by Apo iicable Law.
<br />If lender exerciset this option, Lender shall give Borrower notice ofacceleration. The notice shall provide a period
<br />oI not less than 30 days it the date the notice is given in accordance with Section 15 within wh tell Borrower must pay all
<br />skint. secured by this Security Instrument. If Borrower falls to pay these sums prior to (he expiration ofthis period, lender
<br />may invoke any remedies permitter by If is Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. IfRkrrower meets certain conditions, Borrower shall
<br />have tic right to have anfiucement oflhis Security Instrument discontinued at any time prior to the earliest kE (a) five days
<br />before sale of the Property pursuant to any power cf sale confined in this Security Instrument; (b) such other period as
<br />Applicable[ aw might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment 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 an) other covenants or
<br />agreements; (e) 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 fees incurred for QIe purpose kfprktecting Lender's interest in the Propertyand rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Under'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 Lender mays equine that Borrower pay such reinstvtementsums and expenses more
<br />or more ofthe following loons, as selected by Lender: (a) cash; (h) money order; (c) certified check, bank check, actual r'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, instnunentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as Talk acceleration had occurred. I lowever, this right
<br />to reinstate shall riot apply in the case ofel celeration under Section 18.
<br />20. Sale of Note; 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 "Loan Servicer ") that collects Periodic Payments due tinder the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instruuaal, and Applicable
<br />La,. There also might be one m more changes ofthe Loan Servicer unrelated to a sale offs a Note. It there is a chance of
<br />The Loan Servitor, Borrower will be given written notice ofthe change which will state the name and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RBSPA requires in connection with
<br />a notice off ransfer of servicing. If the Nom is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser ofthe Note, the mortgage loan servicing obi igattons to Borrower will remain with the loan Servicer or he
<br />hunks lolled to a successor Loan Servtest and are not assumed by the Note purchaser unless otherwise provided by the Not,
<br />purchaser.
<br />Neither Borrower nor Leader may commence, join, or be joined to any judicis I action (as either an individual
<br />litigant or the member ofa class) that arises from the other parry's actions pursuant to this Security his tr aksau or that alleges
<br />That is 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 file other party (w ith such notice given in compliance with the requirements of Section I S)
<br />of such alleged breach and afforded the olher party hereto a reasonable period after the giving of such notice to lake
<br />corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be doomed Io be reasonable for purposes ofthis paragraph. The notice ofaccelemtion and opportunityto cure
<br />given to Borrower pursu latto Section 22 and the notice ofacceleration given m Borrower pursuant to Section IS shall he
<br />declined to satisfy the notice and opportunity to lake corrective action provisions ofthis Section 20.
<br />21. Hazardous Substances. As used in this Section 21; (a) "Haaardous Substances" are those substances
<br />defined as nixie or ha....Jim, substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile .invents, materials
<br />coma mfr asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws end laws of
<br />the jurisdiction where the Property is located that relate to health, safety or env iminnenlal protection; (c) "F,nvirontnenfal
<br />Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Cendition" means a condition that can cause, contribute to, or otherwise nigger an Envimunrcutal Cleanup_
<br />NFRRASKA— Single Pomily— Fannie Mae/Freddie Mae lINIFORN IVSTRIa1F.N'1' Fnrm00211 1/111 Ipngr 6,jApggrr/
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