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200206375' already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoose to make This refimd by reducing the principal owed widerthe Note or by making a direct payment to Borrower, flare fund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance ofany such refund made by direct payment to Borrowerwill constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Burrower or Leader in connection with this Security Instrument most bear writing. Any notice to Burrower in connection with this Security Instrument shall be deemed to have been given tu Borrower when and led by first class mai I or when actually delivered to Borrower's notice address ifsent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has desigarra:d a substitute notice address by notice to 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 ofuddiess through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address slated herein unless Lender has designated another address bynolicc to Borrower. Any notice in connection with this Secunt yI nstrument shall not be deemed to have been given to Lender until actually received by Lender. Ifsny notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisty the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by fi;deral law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subj ect to any requirements and li irritations ofA pal i cable Law. Applicable Law might explicitlyor implicitly allow the parties to agree by contractor 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 ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words ofthe masculine gender shall mean and include corresponding neuter words or words at feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word `may" gives sole discretion without any obligation to take any action_ 17. Borrower's Copy. Harrower shall be given one copy ufthe Note and ofthis Security Instrument 18. Transfer ofthe 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 hand 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. If all or any part ofthe 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 said or transferred) without Lender's prior written consent, Lender may require immediate payment in hill of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender i f such exercise is prohibited by Applicable Law. If Lender exercises this option, Lcndcr shall give Borrower notice of acceleration. The nonce shall provide a period of not Icss than 30 days Cron the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. IfBorrmver fails to pay these suns prior to the expiration ofthis period, Lender may invoke any remedies per by this Security Instrument without further notice or demand on Burrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets coition conditions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at any home prior to the earliest of (a) five days before to 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 'f hose 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 in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose ofitmiecting 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 rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument ,shallcontinueunchanged. Under may require that Borrower pay such reinstatement sums and expenses in one or more ofthe following forms, as selected byl,ender: (a) cash; (b) money order, (c) certified check, bank check,treasurer's check or cashier's check, provided arty such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Ponds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as ifno acceleration had occurred However, this right to reinstate slid][ not apply in the case of acceleration under Section I S. 20. Sale of Note; Change of Loan Scrvicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Services ") that collects Periodic Payments due under the Note and this Security Instrument and perfornns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'There also might be one or more changes of the loan Services unrelated to a sale ofthe Note. Ifthere is a change of the Loan Scrvicer, Burrower will be given written notice ofthe change which will state the name and address of the new Loan Servitor, the. address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servitor other than the purchaser of the Note, the mortgage loan servicing obligations to Burrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Notc purchaser. Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument orthat 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 requirenents of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes ofthis paragraph. The notice ofacceleration and opportunity to 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 wad die following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile s'olvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "13nvi ronmeninl Law" means federal laws and laws of the j unsdiction where the Property is located that relate to health, safety or environmental protection; (c) "Env ironmenlal Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Lew; and (d) an "Env i ronnrental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA-- Single Family— Fannie .Mae/Freddie Mae I N [FORM [NSTRUM ENT Form3028 1101 (page 6 ofd pages) 9954."' (' c) 1.u1 B GOTO(00236ea)