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200303&02 already collected tram Borrower which exceeded ppermitted limits will be refimded to Borrower. Lender maychoose to make this retunit by reducing the rincipal owed under the Note or by making a direct payment to Borrower. If refund reduces principal, the reduction will be treated as a partial repayment with any prepayment charge (whether or note prepayment charge is provided for under the Note). Borrower s acceptance of my such refund made by d'vect payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument most be in writing. Any notice to Borrower in connection with this Security instrument shall he deemed In have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Noticeto any ono 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. Burrower shall Promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting maybe only one designated notice address under this Security Instrument at any onetime. Any notice to Lender shall be given by delivering it or by mailing rt by first class mad 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. Ifm( notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wi I 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 ofthe jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed m a prohibition As used in this Security Instrument (a) words of the masculine gender shall mean and include correspondingg neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section l8, "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 decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a finure date to a purchaser. If all or any part ofthe 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 Tender'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 exercised by lender it such exercise is prohibited by Applicable law. If lender exercises this option, lender shall give Borrower notice of acceleration. The notice shall provide aperiod of not less thin 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Applicable law might specify, for the termination of Borrower's right to reinstate; or (c) entry ofajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then wound be due under this Security Instrument and the Now as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in en(nmmg 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; mid (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and ri¢his 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 of the following 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 (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as ifno acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Wan 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 the entity (known as the "luau Servicer') that collects Periodic Payments due under the Now and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, andApplicable Law. 'There also might be one or more changes of the luau Servicer unrelated to a sale of the Note. Ifthere is a chhange of the Wan Servicer, Borrower will be given written notice of the change which will state the time and address of the new Low 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 Lean is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Wan Servicer mid are not assumed bythe Now purchaser unless otherwise provided bythe Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual or of, h alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take .tive action. It Applicable Law provides a time period which must elapse before certain action can betaken, that time I will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunityto cure to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be d to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances d as toxic or hazardous substances, pol lulants, or wastes by Environmental Law and the following substances: gasoline, ;tie, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials ning asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of risdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental up" includes any response action, remedial action, or removal action, as defined in nvirommental Law; and (d) an ronmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NERRASKA Single Family —Fanni a M.aFreddle Mac UNIFORM INSTRUMENT Form3028 INI (page6of8page3) 9754 CV (1102) 1671017 GOTO(0004989d)