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200304985 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychooseto make this refundib reducingthe principal owed under the Note or by making adirect payment to Borrower. Ifa retundreduees principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of my such refund made by direct 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 must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actuallydelivered to Borrower's notice address if sent brother means. Notice in any 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. Burrower'shall prompDtlyy notity Lender of Borrower's change of address. If Lender speeifes a procedure for reporting Borrower's change =dress, then Borrower shall onlyreport a change ofaddress through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any 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 any 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 thejurisdiction in which the Property is located All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable law might explicitlyor implicitly allow the partiestoa ee by contractor 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 ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of die masculine gender shall mean and includecomesponding ut neer 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 obliggation to take any action. 17. Borrower's Copy. Borrower shall he given one copy of the Note and ofthis 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 lo, those beneficial interests transferred in a hood 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 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 Lender's prior written consent, Lender may require Immediate payment in full of all sums secured byy this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited b App licable law. If Under exercises this option, Lender shall give Borrower notice ofacceleration. 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 bythis Security instrument. If Burrower fails to pay these sums prior to the expiration ofthis 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 ofthis 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 right to reinstate; or (c) entry of a, judgment 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 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 of protecting 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 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 if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section t 8. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with tuis Security Instrument) con be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the °Loan 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 Insmunent, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower 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 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan 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 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 'a 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 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 he reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cue given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall he 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, rldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of roperty is located that relate to health, safety or environmental protection; (c) "Environmental anse action, remedial action, or removal action, as defined in Environmental Law; and (d) an means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA single Family—Famle Mae/Freddle Mac UNIFORM INS FRUMENT Forn13O28 I/01 (yngetio %8ynges) Q754 CV (1/02) MsNRs tlUIO(OOmdadY)