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200.200612 <br />already collected ttom Borrower which exceeded permitted limits will be,cooled'I. Bonower. Lender may choose to make <br />this refundbyreducing the principal owed under the Note or by making a direct payment to But rower, If a rebind reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment chargge (whether or not a prepayment <br />charge is provided for under the Note). Borrower's acceptance ofanysuch refund made by directpayincirm Botrowerwill <br />constitute a waiver of any right olfaction Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bon ewer in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any <br />one Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires otherwise- The notice <br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure fin' reporting <br />Borrower's change of address, then Borrower shall only report a change ofa k ress through that specified procedure. 'There <br />maybe only one designated notice address under this Security Instrument at anyone time, Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender's address staled herein runless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Seoulhty Instrument shall not be deemed to have <br />been given to Lender lend actuallyreceived by Lender. Ifanynotice required by this Security Instrument is also required <br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding equu'ement under this Sourly <br />Instrument. <br />16, Governing law; Sevcrability; Rules of Construction. This Sec uoty Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Propelty is located. All rights and oh ligati tins contained in this <br />Security Instrument are subject 1. any requirements and l cartations ofAppl cable law, Applicable Law might explicitly or <br />impl icilly allow the parties to agree by coati act or it might be silent, but such silence shall not be construed us a prohibition <br />against agreement by contract In tire, event that any provision or clause ofthis Security InstN"Ient or the V Ote conflicts )with <br />Applicable Law, such conflict shall not affect othel' provisions of this Security Instrument or the Note which can be given <br />effect without the conflicting, provision. <br />As used in this Security Instrument (a) words ofthe masculine gender shall mean and include corresponding neumr <br />words or words ofthe feminine gender, (b) words in the singular shall mean and include theplural and vice vela; end (c) the <br />word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Boil cover sha l l be given one copy ofthe Note and ofthis Security Instrument <br />18. Transfer of the Property or a Beneficial Interest In Borrower. As usedin this Section IS, "Interest in the <br />Property" means any legal or beneficial interest in the Properly, including, but not limited to, those beneficial interests <br />transferred in a bond for decd, contract for deed, installment sales' contract or escrow agreement, the intent of which is the <br />transfer, oflide by Borrower at a futnre dutc to a purchaser. <br />Ball or any part ufthe Property or any Interest in the Popery is sold or transferred (or i fBorrower is not a natural <br />nower is so <br />person and a beneficial interest in Bold ar transferred) without Lender's prior written consent, Lender may <br />require immediate payymment in full of all suns secured by this Security Instl'ument However, this option shall not be <br />exercised by Gender ifsuch exercise is prohibited by Applicable Law. <br />IfLender cxcmises this option, Lender shall give Bonower notice ofacceler 77 <br />tion. re noticeshall provide a period <br />m <br />.fuel less than 30 days fi'o the date the notice is given in accordance with Section 15 within which Borrower mast pay all <br />sums secured by lb is Seoul, ty Instrument. IfB.n uwei fails to pay these sums prior to the expiration ofthis period, Lender <br />may invoke any remcdi es permitted by this Security Instrument without further notice or demand on Bonower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets vermin conditions, Bmrower 'Nall <br />have the right to have en Curcenhent affix Security Instrument discontinued at any time prior to the ca ll"t of. (a) five days <br />before sale ofthe Property pursuant to any 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 (e) entry of ajudgnrent enforcing this <br />Security Instrument, Those conditions are that Borrower: (a) pays Lender all culls which then would be due under this <br />Security Instrument and the Note as if no ucceleiation 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 firm led to, reasonable ait., neys' fees, property i1111.n and <br />valuation fees, and other fees incurred for lie purpose of'prote tit Lender's interest in the Property and rights under this <br />Security Inchon elk and (d) rakes such action as Lender may reasonably require to assure that fender's Interest in the <br />Property, and rights under this Security Instrument, and Burrower'' obligation to pay the sums secured by this Security <br />Instrument, shall continue unchanged. Lender nmyreq...e that Bmrower pay such reinstatement sums and expenses in one <br />or more mthe following toms, as selectedby Lander:(o) cash ; (b) money Order. ( c) ecru It check, bank check m'easurer's <br />check or cashier's check, provided any such check is drawn upon an insatabon whose deposits are insured by. federal <br />agency, instrumentality or entity' or (d) Electronic Funds Trnnsk, Upon rcinslalement by Borrower, this Security <br />Instrument and obligations secured hereby shall remain Cully effective as nine acceleration had .owned. However, this night <br />to reinstate shall not apply in the case ofaccelerh me under Section 18. <br />20. Sale of Note; Change of L.an Servitor, Notice of I. 'IF ance. The Note era partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times witbout prior notice to Itormwer. A sale might result <br />in a change in the entity (known as the 'Loan <br />Sol <br />vicer'') that wl heels Periodic P. 'Oil is due under [he Note and this Security <br />Instrument and performs other mortgage Ican servicing obligations under the Note, his Security InsO'umeot, and Applicable <br />Law. There its. might be rare or nor changes of the Loan Scrviccr muehaled to a sale oftha Nnte. If there is a change of <br />the Loan Servicer, Borrower will be given written notice of the change which will slate the name and address of the new <br />Loan Scrviccr, the address to which payments should be made and any other information RESPA requires in connection with <br />a notice oftransfer of servicing. Iflhe Note is sold and thereafter the Loan is serviced by a Loan Scrviccr other than the <br />purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain will, the Loan Servicer or be <br />transferred to a successor Loan Servicer and arc not assumed by the Note purchaser unlessotherwise provided by the Note <br />purchases <br />Neither Borrower nor Lender may commence, join, or boytined to anyjudicial action (as either an individual <br />litigant or the member oft cluss) that an from the other party's actions pursuant to this Securty Instrumenlor 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 />n <br />Boower or Lender has notified the othei party (with such notice given in compliance with the requirements ofSection 15) <br />of such alleged breach and afforded the other party here. a reasonable period after the giving of such notice to take <br />corrective action. BApplicable law provides a time period which must elapse befure certain action can be raker, char time <br />period will be deemed to be reasonable for purposes ofthis paragraph - I lie notice of acccicralion and oppoilvil to con , <br />given to Borrower pursuant to Section 22 and the notice ofaccelemtion given to Borrower pursuant to Secucn 18 shall be <br />deemed. satisfy the notice and opportunity. take corrective action pruvisions ofthis Section 20 t. <br />21. Hazardous Suhstances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollulan B, or wastes by Environmental Law and the Glowing substances- gasoline. <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />wnteining asbestos or fermakclryde, and radioactive materials; (b) "Enviionnhental Law "nheansfederallawsendlawsof <br />the jurisdiction where the Property is located that relate. health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law, and (d) an <br />"Environmental Condition" means s condition that can cause, e.nlribute ., of otherwise trigger an Eavirenmental Cleanup. <br />NEBRASKA Single Family— Fannie, Mac /r.Mdle Mac UNIFORM INSTRUMENT' Pori 1 /01 I ➢ngc6of8png, -v/ <br />9]S7.rV re, /Vn .hIsc <br />Fan O(0baatsdc) <br />