200305309 - Laserfiche WebLink

Browse

200305309 already collected from Borrower which exce eded permitted limits will be refunded to Borrower. Lender maychornem make his reihnd by reducing the principal owed under the Note or by making a direct payment to Borrower. It refund reduces principal, the reduction will be treated as a partial In without any prepayment charge (whether or not apreTayment charge is provided for wider the Note). Borrower's acceptance ofany 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 givento Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other means. Notice to any one Borrower shall consulate notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower'shall prompptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change ofaddress through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Arrynouce to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lcndcr 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. Ifil y notice required by this Sexually 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 Installment shall be governed by federal law and the law ofthe jurisdiction 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 explicitly or implicitly allow the parties to renuc 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 New 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 oftlic masculine gender shall mean and include corresponding neuter words or words ofthe feminine gender, (b) words in the singular shall mean and include the plural and vice versa; mid (c) the word "nay' gives sole discretion without any obligation to take any action. 17. Burrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument. 18. Transfer ofthe 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 to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhieh is the mumsfer 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 pit ent in full of all suers secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. Iff endea exercises this option, Lender shall give Borrower notice ofacccleration. The notice shall provide opened 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. It 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 Acceleration. IfBorrower meets certain conditions, Burrower 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 ofBorruwcr's right to reinstate; or (c) entry ofajudgment enforcing Chia Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then wound 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 cxpcme 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 wider this Security Instrument; and (d) takes such action as Lender may reasonably requite to assure that Lender's interest in the Property mid rigghis under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Ins trumenyshallcontinueunchanged Lender may require that Borrower pay such teinstatenient sums and expenses in one or more offlne 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 filly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case ufacceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note 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 mighlreault in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due wider the Now and this Seemly Instrument and performs other mortgage loan servicing obligations wider One Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale ofthe Note. Ifthere is a change of the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new Loan Servicer, the address to which payments should be made mid any other information RPSPA requires in cunncoGon with a notice of transfer of servicing. If the Note is sold and thereafter the Ivan 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 my judicial action (as either an individual litigant or the member ofa class) that arises from the other parry's actions pursuant to this Security Instrument or Dun 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 die other party(with such notice given in compliance with the requirements ufSection 15) of such alleged breach and afforded the other parry hereto a reasonable period after die giving of such notice to take corrective action. 1fApplicablc Law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for pirTrposea ofthis paragraph. The notice ofacceleration and opportanayto cure given to Borrower pursuant to Section 22 and t to notice ofacceleration given to 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 andthe 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, hemedtal action, or removal action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, NEBRASKA—Single Family—Fannie Mae /Freddie Mac UNIFORM I NSTRUNI ENT For BI (page 6 oJ3pages) 9794(V (1002) lbD GO'rO(00023831)