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200302651 already collected from Rorrnwer 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 prepayment charge (whether or not aprepayment charge is provided for under the Note). Borrower's acceptance ofany such refund made by direct payment to 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 must be 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. Borrowed shall prompptlyy notify Lender of Borrower's change of address. If lender specifies a procedure for reporting Borrower's change ofaddress, 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 w11 satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law offl e jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations ofApplicablc Law. Applicable Law might explicitly or imehcitly allow the carries to agree by contractor it might be silent, but such silence shall not be construed as a prohibition Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect wdhout the conflicting provision. As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include corresponding neuter words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) me word "may' gives soled iscretiort without any obligation to take 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 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 ofwhich is the transfer of title by Borrower at a future date to a purchaser. Yell or any part at 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 Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be If Lender exercises this option, Lender shall give Borrower notice ofacculcmtion. 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 bythis Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lendcr may invoke any remedies 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 to die 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 ofa judgment enforcing this Security Instrument. Those conditions are 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 protecting 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 Lender'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 more ofthe fallowing 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 Ey Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shat) remain fully effective as Too acceleration had occurred. However, this right to reinstate shot] nut apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. 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. Asalemightresult in a change in die entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Seemly Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument and Applicable Law. There also might be one or more changes of the Loan Servicer mre lated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will he given wutten notice of the change which will state the none and address of the new Loan 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 die Note, the mortgage loan servicing obligations to Borrower will remain with the Ivan Servicer or he transferred to a successor bean Servicer and are net assumed by die Note purchaser unless otherwise provided by the Note Neither Borrower nor tender may commence, join, or be joined to any judicial action (as either tut individual litigant or the member ofa class) that arises from the other patty's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision (if, or any duty owed by reason of, this Security Instrument, until such Borrower or Under has notified the other parry (with such notice given in compliance with the requirements of Section is) 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 ofthis paragraph. The notice ofaccelemtion and opportunity to cure given to Borrower pursuant to Section 22 and the notice ofaeceleration given to Borrower pursuant to Section 18 shall he 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, 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) "P.ovironmental Law" means federal laws and laws of the 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 Environmental Cleanup. NEBRASKA — Single Pit. I, Fannie MUelFosldw Mac I Al FORM INSTRUMENT Form3028 lau (page6of8pag ) 9754 CV (J/02) 1661180 GUlolunnaanln)