already collected from Borrower which exceeded
<br />this refund by reducing the principal owed under
<br />principal, the reduction will be treated as a partial
<br />charge is provided for under the Note). Borrower
<br />constitute a waiver ofany right ofaction Borrow
<br />one Borrower shall constitute notice to all Borrowers unless
<br />address shall be the Property Address unless Borrower has
<br />Borrower Shall prompptlyy Under nder of Borrower's chang
<br />Borrower's change OT. (dress, then Borrower shall only report
<br />may be only one designated notice address under this Security
<br />given by delivering it or by mailing it by first class mail to L
<br />200305866
<br />rower. lender may choose to make
<br />to Borrower. If refund reduces
<br />payment In Borrower will
<br />tv Instrument must be in
<br />ent shall be deemed to have been given to Borrower
<br />notice address if sent by other means. Notice many
<br />le Law expressly requires otherwise. The notice
<br />a substitute notice address by notice to Lender.
<br />16. Governing Law; Severability Rules of Construction. This Security Instrument shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitlyor
<br />implicitly allow the parties m agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreemen[by contract In the event that any provision or clause sue' silence
<br />Securitylnstrumemor the Note conflicts with
<br />Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given
<br />Is
<br />without the wnfiioting provision.
<br />As used in this Security Instrument (a) words ofthe masculine gender shall mean and include correspondingneuter
<br />words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />word "may' gives sole discretion without any obl. 6onam to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Properly' means an legal or beneficial interest in the Property, including, but not limited m, those beneficial interests
<br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower 1s sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payymment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised 1, [ender ifsuch exercise 1s prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all
<br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at anytime prior in the earliest of: (a) five days
<br />before sale of the Property Pursuant many power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry ofajudgment enforcing this
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
<br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more ofthe following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />cheek or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
<br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result
<br />in a change in the entity (known as the °Loan Servicer ") that collects Periodic Payments due under the Now and this Security
<br />Instrument mid performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes of the Loan Servicer unrelated m a sale of the Note. If there is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the time and address of the new
<br />Loan Servicer, the address in which payments should be made and any other information RESPA re
<br />qu'ves in connection with
<br />a notice of transfer of servicing. if the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed bythe Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or bejoined to anyjudicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrumentor that alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
<br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period after the giving ot'such notice to take
<br />corrective action. IfApplicable Law provides a time period which must elapse before certain action can betaken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity m cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />kerosene, other Flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any resQonse action remedial action, or removal achoq as defined in Environmental To and (d) an
<br />"Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />NEBRASKA Sir&Family— Fannie Mae(Freddie Mae UNIFORM INSTRUMENT Form3a28 I/M (page6of8pages)
<br />9754 CV (1/02) 1694676
<br />OOTO(0004e!,W)
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