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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/ <br />9754 CV tlre21 16£ai1 h <br />ti l..Olnlllq l 11.', <br />