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200303697
<br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychooseto make
<br />It rethnd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
<br />when mailed by first class mall or when actually delivered to Borrower's notice address it sent by ottrer means. NOhceto arty
<br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.
<br />Borrower, shall prom I] notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting
<br />Borrower's change o }address, then Borrower shall only report a change ofaddress through that specified procedure. There
<br />may be only one designated notice address under this Security Instrument at any onetime. Any notice to Lender shall be
<br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated
<br />another address 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. If an notice required by this Security Instrument is also required
<br />under Applicable Law, the Applicable law requirement will satisfy the corresponding requirement under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
<br />federal 1. unit the law ofthe jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given
<br />ellect without the conflicting provision.
<br />As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include correspondin6neuter
<br />words or words ofthe teminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (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 ofthe Note and ofthis Security Instrument.
<br />18. Transfer ofthe Property ora 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 />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the
<br />transfer oftitle by Borrower at a future date w a purchaser.
<br />[fall or any part ofthe Property or any Interest in the Property is sold or transferred (or ifBOrrower 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 payymment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised by Lender ifsuch exercise is prohibited by Applicable Law.
<br />IfLender exercises this option, Lender shall give Borrower notice ofacceleration. The notice shall provide a period
<br />afoot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower mustpayall
<br />sums secured by this Security Instrument. IfBOrrower fails to pay these sums prior to the expiration of 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. IfBorrowennem; certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at any time prior m 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 offs 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 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 ofprotecting Lender's interest in the Property and 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 pay such reinstatement sums and expenses in one
<br />or more ofthe 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, insnumentality, or entity, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as Won acceleration had occurred. However,this right
<br />to reinstate shall not apply in the case ofacceleration 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 mightresult
<br />in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security lnstrumenf and Applicable
<br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. Ifthem is a change of
<br />the Ina. Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new
<br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice oftnue fer ofservicing. Ifthe 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 I tan Servicer and are not assumed by the Note purchaser unless otherwise provided bythe Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be)oined to anyjudicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrumewor that alleges
<br />that the other parry 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 parry 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 be taken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice ofacceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and [thhe notice of acceleration given to Borrower pursuant to Section 18 shad) he
<br />deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) " Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the tollowingsubstances: gasoline,
<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 any 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— Sin81e fst d,— Fennie Mee /Freddie. Mee UNIFORM INSTRUMENT Form3028 1/01 (prtge duf8pn8etf
<br />9154,CV(1 /02) 1670579
<br />WTO(o0047a1e)
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