already collected from Borrower which exceeded
<br />this refund by reducing the principal owed under
<br />principal, the reduction wit be treated as a partial
<br />charge is provided for under the Note). Borrower
<br />constitute a waiver of my right of action Borrow
<br />15. Notices. All notices given by But
<br />notice to all Borrowers unless
<br />Address unless Borrower has
<br />b (ender of Borrower's thank
<br />may be only one designated notice add
<br />given by delivering it or by mailing it
<br />another address by notice to Borrower.
<br />been given to lender until actually rec
<br />under Applicable law,
<br />200303232
<br />or, Lender may choose to make
<br />lorrower. If refund reduces
<br />mection with this Security Instrument must be in
<br />ent shall be deemed to have been given to Borrower
<br />notice address ifsent by other means. Notice to anv
<br />tent is also required
<br />under this Security
<br />ruing Law; Severability; Rules of Construction. This Security Instrument shall be
<br />law of the jurisdiction in which the Property is located. All rights and obligations con
<br />wesubjectmanyy requirements and limitations of Applicable law. Applicable Law pit
<br />parties to agree by contract or it might be silent, but such silence shall not be construed as
<br />effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
<br />words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; an(c) the
<br />word °may' gives sole discretion without any obligation to lake any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Properly' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />Ifall or mty part of the Property or any 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 />require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all
<br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at anytime prior to the earliest of (a) five days
<br />before sale of the Property pursuant to any power of sale contained in this Security Instrument' (b) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry ofajudgnent enforcing this
<br />Security Instrument. Those conditions are that Burrower: (a) pays Lender all sums which then wound be due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) 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 the purpose of protecting Lender's interest in the Property mid rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender'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 may require that Borrower paysuch reinstatement sums and expenses in one
<br />or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer'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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured herebyshall remain fully effective as if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Now 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 Servitor") that collects Periodic Payments due under the Now and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Appplicable
<br />Law. There also might be (me or more changes of the Loan Servicer unrelated to a sale of the Note. Ifthereisachangeof
<br />the Loan Servicer, Borrower will be given written notice of the 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 RESPA requires in connection with
<br />a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed bythe Note purchaser unless otherwise provided bythe Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or bejoined to any judicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
<br />that the 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 the other party (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take
<br />corrective action. If Applicable Law provides a time period which must elapse before certain action can betaken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective acion provisions ofthis Section 20.
<br />21. Hazardous Substances. As used in this Section 21: tat "Hazardous Substances" are those substances
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection (c) °Environmental
<br />Cleanup" includes an y response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />NEBRASKA - Single Faauly- Fannie Mae/Freddk Mae UNIFORM INSTRUMENT F'orn13028 Um (page6of8p,es)
<br />9754AV(1/02) 1668552
<br />GOTO(0004602)
<br />
|