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200305344 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. lender maychooseto make this refund by reducing the principal owed under the Now or by making a direct payment to Borrower. If refund reduces principal, the reduction wil l be treated as a partial prepayment without any prepayment charge (whether or net aprepayment 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 tohave been given m Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice 0 any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall he the Property Address unless Borrower has designated a substitute nonce address by notice to Lender. Borrower shall prompDtlyy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change ofaddress, then Borrower shall onlZreport a change ofaddress through that specified procedure. There maybe only one designated notice address under this Security Instrument at any onetime. Any notice to Lender shall be given by delivering it or by mailing it by fust class mail to Lender's address stated herein m ess 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 govemed 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 any requirements and limitations of App licable La w. Applicable Law might explicitly or 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 Instrumenter the Note c cts with Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given e act without the conflicting provision. As used in this Secunty Instrumenu (e) words ofthe masculine gender shall mean and include correspondingneuter words m words ofthe feminine gender, (b) words in thes gular shall mean and include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation m take any action. 17. 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 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 Borrower at a future date to a purchaser. (fall or any Part oft he 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 pi ew in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender it such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Boffower 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 It 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 die right to have enforcement of this Security instrument discontinued at any time prior to the earliest o£ (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 termmanon ofAnrrower'a right to reinstate; or (c) entry of ajud�irent enforcing this Security Instrument. Those conditions are [hat Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; by cures any default of any 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 tees, and other fees incurred for the purpose ofproteUeas Lender's interest is the Property and tights under this Security Insnument; and (d takes such action as Ixnder may reasonably require to assure that Lender's miens[ in the Yroperty and rights under this Security hrsVUmen; and Borrower's obligation to pay the sums secured expenses Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement cermted checkm bank check, treasurer's es irons or more ofthe following forms, as selected byLender. (a) cash; Po money order; (c) certified check, bank check treasurer's check or cashier's check, provided any such check is drawn upnn an institution un re whose deposits are insured is a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinstatement by erred. o this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apppply in the case ofLoan mrvi under Section 18. ac 20. Sale eNotc;Changet) Loan Servicer; Notice of Grievance. The Noteorapartial interest in the Note lmcether with this Security instrument) can be sold one or more times withou[orier notice to Borrower. Asale might result Instrument and performs other mortgage loan servicin6� obligations under the Note, this Security Instrument; and Apphable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale ofthe 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 retires 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 Lawn Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Now purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial 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 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 alter the giving of such notice to take coffective action. IfApplicable Law provides a time period which must elapse before certain action can be taken, that time period will be decree be reasonable for put uses of this paragraph. The notice of acceleration and opportunity to core given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take coffective 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 wart kerosene, other flammable or toxic petroleum products, containing asbestos or formaldehyde, and radioactive mater the jurisdiction where the Property is located that relate to t Cleanup" includes any response action, remedial action, or NEWUkSKA- Single Family- Fannie MaelFreaale Mee UNIFORM INSTRUMENT 9754 .CV(M2) ms"'o ' as defined in Environmental Law; and (d) an or otherwise trigger an Environmental Cleanup. Farm3029 1/01 (page6ofSpage) GOTO(000QW)