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200304995 ch exceeded permitted limits will be reZed to Borrower. Lender maychooseto make owed under the Note or by making a direct payment to Borrower. Ifa refund reduces d as a partial prepayment without any rrepayment charge (whether or nota prepayment 0. Borrower's acceptance ofanysuch reffuund 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 noticem Borrower in connection with this Security instrument shall be deemedtu 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. Notice an 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. Borrower'shall prompptlyy notify lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change ofaddress, then Borrower shall only report a change of address 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 noti ce 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 the jurisdiction in which die Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable law might explicitlyor implicitly allow the parties in 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 Now 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. words or wards ofthe 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 be 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 any legal or beneficial interest in the Property, including, but not limited m, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer oftitle by Borrower at a future date to a purchaser. Halloran y part ofthe Property or any Interest in the Property is sold or transferred (or ifBOrrower is not a natural person and a beneficial interest in Borrower 1s 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 exercised by lender ifsuch exercise is prohibited by Applicable law. If lcmer 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 y all sums secured by this Security Instrument. If Borrower 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 Accelerat ion. IfBorrower 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 (o) entry ofajudgnew 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 Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more ofthe 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. The 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 of the limn Servitor 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 name 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 bythe Note 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 athens pursuant to this Security Instrument or dwtalleges that the other party has breached any provision of, or airy 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. IfApplieable Law provides a time period which must elapse before certain action can be taken, that time period will be decree be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given m Borrower pursuant to Section 18 shall be deemed 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 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 "Envirumne lal Condition'means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA-- SingleNnuly— Fannie MvdFretldie Mac UNIFORM INSTRUMENT Farn,3028 [do /pnge6.f8,.ge1) 9754 CV (1/02) 16MI90 GOTO(00(AcH1)