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200305729 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lendermaychoose Wmake this refund by reducing the It owed under the Note or by making a direct payment to Borrower. Ife refiind reduces principal, the reduction will be treated as a partial prepaymcrawl thout anypre paym catch arge (whether or not prepayment charge is provided for undarthe Note). Borrower's see eptanceofanysuc bra fund made by irectpayment to Borrower will constitute a waiver of any right ofac[ion Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borro wer or lender in connection with this Security Instrument must be in writing. An notice to Borrower in connection with this Security Instrument shall be deemed Whavebeengivento Borrower when made) by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constituW notice W 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 W Lender. Borrower 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 only report a change of address through that specified procedure. There may be 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 first class mail to Lender's address stated herein unless Lender has designated another address by notice W 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 Iaw 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 contained in this Security Instrument are subject to an yy requirements and limitations of Applicable Law. Applicable Law might explicitlycr implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition the Note which can be given As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding newer words o se r words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vim versa; an (c) the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. I8. 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 m a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer of title by Borrower at a future date to a purchaser. Ifall 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 ynrent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender rfsuch exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower 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 Immanent. 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 R einstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior W 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 ofajudgment 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 I 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 proWMing 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 rib his 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 fullyeffective as if no acceleration had occum d. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of IS I Change of Loan Servicer; 'Notice of Grievance. The Note or a partial interest in the Note (member with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might reach in a change in the entity (known m the `Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and pertbrms other mortgage loan servicing obligations under the Note, this Security Immanent; and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. Ifthere 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 RE SPA reduces in connection with a notice oftrar>_sfer of servicing. Ifthe 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 Lean Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note Neither litigant or the met that the other oa of be joined to any judicial action Rs either an individual actions pursuant to this Security Instrumentor thatalleges owed by reason of, this Security Instrument, until such riven in compliance with the requirements of Section 15) asonable period alter the giving of such notice to take period will be deemedto be reasonable for purposes of this paragraph. The notice of acceleration and opportu ayto cure given to Borrower pursuant to Section 22 and the notice ofacceleration given to Borrower pursuant to Section 18 shall be 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, kerosene, other flammable or toxic petroleum products, toxic pesticides mid herbicides, volatile solvents, materials containinb 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 Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA -Sirac rarmb- Faami¢ Mae /Froldic Mae UNIFORM INSTRUMENT Form3028 1/01 ipage6uf8p,g-J 9954,CV (1l@) 1692235 GOnxIXW4 0,1)