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200304365 <br />berefunded to Borrower. Lender mayehoose m make <br />ig a direct payment to Borrower. Ifa refund reduces <br />any prepayment charge (whether or not a prepayment <br />such refund made by direct comment to Borrower will <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed b have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by otter means. Notice to any <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 promptly notify Lender of Borrower's change of address. If lender specifies a procedure for reporting <br />y one designated notice address under this Securty Instrument at any onetime. An notice to Lender mall be <br />aivering it or by mailing it by first class mail to Lender's address stared herein unless lender has designated <br />Iress by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />to Lender until actually received by Lender. Ifany notice required by this Security Instrument is also required <br />icable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />16. Governing Low; Severability; 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 of 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 />against agreement by contract. In the event that any provision or clause of this Security Instrument or the Noteconflicts with <br />Applicable law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given <br />effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include cmrespondingneuter <br />words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and viceversa; and (c) the <br />word "may' gives sole discretion without any obliggation to take 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 />Property' means any legal or beneficial interest in the Property, including, btu not limited to, those beneficial interests <br />transferred m a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person mid 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 Applicable Law. <br />If Lender uxcrclses this option, lender shall give Borrower notice ofacceleration. 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 />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 ofBorrower'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 Note as if no acceleration had occurred; (b) cures any default of any other covenants or <br />agreements; (c) pays all exppenses incurred <br />in enforcing this Security histrument, 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 />Insuument, 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, 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 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 Nate <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 "I 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 Instrumem, and Applicable <br />Law. There also might be one or more changes oftbe Ivan Servicer unrelated to a sale ofthe Note. Ifthere 1s a change of <br />a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a lean 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 by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined 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 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 parry (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. IfApplicable Law provides a time period which must elapse before certain action can be taken, that time <br />period will be deemed in be reasonable for purposes ofthis paragraph. The notice ofacceleration and opportunity to cure <br />given to Borrower pursuant to Section 22 and the notice ofacceleration given to Borrower pursuant to Section 18 shall be <br />deemed to satisfy the notice and opportunity to take corrective action provisions of this 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 flarmnable 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 />die 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 -- Single Family— Fannie Mae(Freddie Mac UNIFORM INSTRUMENT Umm3028 1/01 (pnge(iuf8pages) <br />9754.CV(110E) 1681014 <br />cara(0004c,10i) <br />