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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 />