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already collected from Borrower which exceeded permitted I. this refund by reducing the principal owed under the Note or principal, the reduction will be treated as a partial prepaymen charge is provided for under the Note). Borrower's acceptaa constitute a waiver of any right of action Borrower might ha' 15. Notices. All notices given by Borrower or U given by notice m all Borrowers unless Address unless Borrower has b lender of Borrower's char¢ to 200304641 to Borrower. Lendermaychoosetemake .yment to Borrower. Ifs refund reduces mection with this Security Instrument must be in ant shall be deemed to have been givenm Borrower notice address ifsent by other means. Noticem any le law expressly requires otherwise. The notice a substitute notice address by notice to Lender. .hall not be deemed to have Instrument is also required cement under this Security 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to anyrequirements and limitations of Applicable law. Applicable law might explicitlyor implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words ofthe 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 m take any action. 7. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property' means an legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date m a purchaser. (fall or any part of the 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 Lender'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 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 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, Under may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Prooerly pursuant many power of sale contained in this Security Instrument; (b) such other period as Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which men would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose ofprotecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as lender may reasonably require to assure that Lender's interest in the Property and rights 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 mere ofthe following forms, as selected by Under: (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 Loan Servicer; Notice of Grievance. The Nom or a partial interest in the Nom (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale migln result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated m a sale ofthe Note. Ifthere is a change of the Loan Servicer, Borrower will be given written notice ofthe change which will state the time and address offing new Loan Servicer, the address to which payments should be made and any other information RE SPA re gnines in connection with a notice of transfer of servicing. Ifthe Note is sold and thereafter the Lan 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 Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lander has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective actmn. If Applicable law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purposes ofthis paragraph. The notice ofaccelemtion and opportunity to cure given to Borrower pursuant m Section 22 and the notice ofacceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20. 21. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (e) "Environmental Cleanup" includes an y response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA — Single Family— Funaic Mae/F,eddie MUC UNIFORM INSTRUMENT Form3a28 1Nt (page6of8pages) 995E CV (1102) 1674653 coTO(W040k)