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200304794 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. lender maychouse m make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. lfa refund reduces prmmpal, the reduction will be treated as a partial prepayment wllhout any prepayment charb6re (whether m notaprepayment charge is provided for under the Note). Borrower's acceptance ofany such refund madebydirectpayment to Borrower will cousin., a waiver ofany right ofacum Borrower might have arising out orsuch overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower we onnectun with this Security Instrument shall be deemed to have been givenm Bortower when mailed byfirst class mail or when actually delivered to Borrower's notice address if sent by other occurs. Notice many one 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. Rorrower shall promptly notify lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of "address, then Borrower shall onlyyreport a change of address through that specified procedure. There maybe only one designated notice address under this Securi Instrument at any onetime, An notice to Lender shall be given by delivering it or by mailing it by first class mail 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. If an notice required by this Security Instrument is also required under Applicable law, the Applicable law requirement will 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 of the jurisdiction in which the Property is located. All rights and obligations crammed in this Security Instrument are subject to any requirements and limitations ofApplicable law. Applicable law might explicillyor implicitly allow the panics to agree by contract or it might be silent, but such silence shat l not be construed as a prohibition against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note -all cis with Applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given cttect without the confl icting provision. As used in this Security Instrument(a) words of the masculine gender shall mean and include wrtespond. neater words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the 17. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security Instrument. 18. Transfer of the Property or Beneficial Interest in Borrower. As used in this Section 18, "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 deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Burrower at a future date to a purchaser. lfall 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 pa ym ent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice ofaceeleration. The notice shall provide aperiod of not less than 30 days from the date the notice is given to 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. 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 Property pursuant to any power of sale contained in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's righ t to reinstate; or (c) entry ofalud near enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of my other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited m, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Iender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require m assure that Lender's interest in the Property and ruts under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, sha 1 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 Polly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the ease of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Now or a partial interest in the Note (together with this Security instrument) can be sold one or more times without prior notice to Borrower. A sale mightresult 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 an Law. There also might be one or more changes of the Lo Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borr ower will be given written notice of the change which will state the time and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA re quves in connection with a notice of minister of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, die mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed bythe Now purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of class) that arises from the other party's actions pursu amthis Security Instrument orthatalleges [hat the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender 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 action. 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 of this paragraph. The notice of acceleration and opportunity m cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be 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; (c) "Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condit ion" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA - Single Fantlly- Fannie Mee /Freaate Mao UNIFORM INSTRUMENT Form3028 1/01 (pageiiw8pagee) 9754 CV (1 /02) 1682004 GOTO(0004cavu)