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200205745 <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Iendermaychoose to make <br />this refund by reducing the principal owed under the Now or by making a direct payment to Borrower. Tf a refund reduces <br />principal, the reduction will he treated as a partial prepayment without any prepayment charge (whether of notaprepayment <br />charge is provided for under the Note). Borrower's acceptance equity such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument most be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed nt have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address rf sent by other means. Notice m 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 nonce address by notice to Icndcr. <br />Burrower shall promptly not fy Lender of Borrower's change of address It Under specifies a procedure for reporting <br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedum. Then: <br />may be only one designated notice address under this Security Instrument at any onetime Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not he deemed to have <br />been given to Tender until actually received by leader. Nary notice required by this Security Instrument is also required <br />under Applicable Use the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />16. Governing Law; Severabilily; Rules of Construction. This Secufity 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 of Applicable Law. Applicable Law might explicitly or <br />implicitly allow the parties to agree by contractor it might he silent, but such Silence shall not be construed as a prohibition <br />against a grecmcntbycomract In the event that arty provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given <br />effect without the conflicting provision. <br />As used in this Sccunty Instrument (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender; (b) wonlS in the Singular shall mean and include the plural and vice versa; and or the <br />word "may" gives sole discretion without any obligation to lake any action. <br />17. Borrower's Copy. Borrower shall he given one copy of the Note and of this Seoul ity Instrument. <br />18. Transfer of the properly or Beneficial Interest in Borrower. As used in this Section 18, "Interest in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, these 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 of the 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 is sold or transfcned) without Lender's prior written consent, Lender may <br />require immediate payment in hull of all Suns secured by this Security instrument. However, this option shall not he <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice ofaccele ration. The notice shall provide a period <br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all <br />sums secured by this Security Instrument. It Borrower fails to pay these sums prior to the expiration of this period, Icndcr <br />may invoke anyy remedies per nutted by this Security instrument without further notice or demand no Burrower. <br />19. 13or rower's Right to Reinstate After Acceleration. It Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) live days <br />before sale of the Property pursuant to any power of sale contained in this Security instrument; (b) such other period as <br />Applicable Law might specify for the of initiation of Borrower's right o reinstate; or (c) entry of ajudgment old nrcmg 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; (h) 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' tees, property inspection and <br />valuation fees, and other lees incurred for the purpose of protecting Lender's interest in the Property and rights under this <br />Security InstrumenC and (d) takes such action as Lender may reisonahly 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 scoured by this Security <br />Instrunent, shall continue unchanged. Lender may require that Borrower pays rich reinstatement sums andexpensesinone <br />or more of the following forms, as selected by Tender: (a) cash; (b) money order', (c) cerefiul check, book check, treasurer's <br />check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality of entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligators secured hereby shall remain tully effective as if no acceleration had occurred. I-luwever, this right <br />to reinstate shall not apply in the case of acceleration under Section LS. <br />20. Sale of Note; Change of Laan 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 mightiesult <br />in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments duo under the Note and this Security, <br />hts[mment and performs other mortgage loan servicing obligate r, under tire Note, this Security Instrument, and Applicable <br />Law. Then; also might be one or more changes of the Loan Servicer unrelated toil sale of the Note. Ifthere is a change of <br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new <br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with <br />a notice of transfer of servicing. If the Note is sold and therea her the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan Servicing obligations to Borrower will remain with due Loan Servicer or be <br />transferred to a successor Loan Set vice, and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. _ <br />Neither Borrower nor Lender may commence, jom, nr he jowled to any judicial action (as either an individual <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges <br />that the other party has breached any provision of, or any duty owed by mason of, this Security Instrument, until such <br />Borrower or f,Oder has notified the other party (wBh such notice given in compliance with the regmrenuents of Section 15) <br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law ro <br />pvides a time period which must elapse before certain action can he taken, that time <br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure <br />given to Borrower pursuant to Section 22 and the notice ofaereleration given to Borrower pursuant to Section I8 shall be <br />deemed to satisfy the notice and opportunity to lake corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those Substances <br />defined :IS toxic er hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <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 of 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 a condition that can cause, contribute to, or otherwise trigger an Envinmmunial Cleanup. <br />NEBRASKA-- Single Form— Fm. oi. N i./FreddieMactiNIFORMINSTRIIMItNT Funn3028 1101(,,,,6J8,,,,,1 <br />99Vfvpla2l G11589 <br />GOTOM011183i <br />