200303732
<br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychooseto make
<br />this refund by reducing the pprincipal owed under the Note or by making a direct payment to Borrower. If refund reduces
<br />Principal, the reduction will be treated as a partial prepayment without anypreppayment charge (whether or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refundmadeby 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 most be in
<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 />Borrowcr'.shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting
<br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There
<br />may be only one designated notice address under this Security Instrument at anyone time. 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 />16. Governing Law; Sevembility; Rules of Construction. This Security Instrument shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations o'Applicable Law. Applicable law might explicitly or
<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 />againsta reementbycontract. In the event that my provision or clause of this Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument.
<br />18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section IS, "Interest in the
<br />ProperW' means any legal or beneficial interest in die 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 to a purchaser.
<br />Ifall or an part ofthe Property or any Interest in the Property is sold or transferred (or if8orrower 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 />exercised by Lender if such exercise is prohibited by App ieable Law.
<br />IfLender exercises this option, Lender shall give Borrower notice ofacceleration. The notice shall provide aperiod
<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 ofthis 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 Re instate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at any time 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 ofajudgment 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 Now 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 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 />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 hereby shall remain fully effective as ifno acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case ofacceleration under Section 18.
<br />28. 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. Asalemightresult
<br />in a change in the entity (known as the" Loan Servicer ") 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 Applicable
<br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Noce. Ifthere is a change of
<br />transferred to a successor loan Servicer and are not assumed bythe Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be)omed to anyjudicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other party'a actions pursuant to this Security Instrument or 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 />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 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 following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />comainiq 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, safely 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 - Single Family- Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Fnrm3029 [rot (pages fRpageo
<br />9754 CV (1/02) 1672195
<br />GOTO(00099W)
<br />
|