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200207833 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychnow to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not prepayment charge is provided for under the Nate). Bnrrowcr's acccpwnce of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed as have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Noteceto arty one Borrower shall constitute ..Lice to all Borrowers unless Applicable Iaw expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a nuhstimtc notice address by notice to lender. Borrower shall promptly notify Under of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's change ofaddress, then Borrower shall onlyyreport a change ofailci through thatspecified procedure. There maybe only one designated notice address under this Secuntylnstrmnent at anyone time. 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 to Borrower. Any notice in connection withthis Security Instrument shall not be deemed to have been given to Lander until actually received by Lender. If any notice required by this Sccurilyfnstrument is also required under Applicable Law, the Applicable law 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 any requirements and limitations of Applicable Law. Applicable Live tnlghtexplicitlyor implicitly allow the parties to agree by contract or 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 Now eons icts with ALP Iicahlc law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (h) words io the singular shall mean and include the plural and vice via rsa; and (c) the word "mad' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be liven one copy of the Note and of this Security Instrument. 18. 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 banned to, those beneficial universes transferred in a bond for deed, contract hlr decd, installment sales contractor escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. [fall 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 transterred) without Lender's print written consent, lender may require immediate payment in hill of all sums secure[ by This Security Batrument. However, this option shall not be exercised by Lender il'such exercise is prohibited by Applicable Law. It Lender exercises Ih is option, Icndcr shun give Bar ower 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 Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, lender may invoke any, ernedies per 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 ofthis Security monument discontinued at any time prior to the earliest of (a) live days before sale of the Property pursuant to any power of sale contained in this Security Instrument; da) such other period as Applicable I taw might specify for the annmathon of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument Those conditions are that Borrower (a) pays fender 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' lees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require m 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, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of thefoliowing 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 Burrower, this Security Instrument and obligations secured hereby Shull remain fully effective as ifno acceleration had occurred. However, Ws right to reinstate shall not apply in the case of uccelerannn under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Now 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 Servicer") that collects Periodic Payments due under the Now and dos Security Instrument and performs 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 Servicer unrelated to a sale of the Note. If there is a c angeof the Loan Scrviccr, Borrower will be given written notice of the change which will state the name and address of the new Loon Servicer. the address to which payments should be made and any other information RESPA requires in connection with it nnfice of transfer of servicing. If the Nate 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 Burrower will remain with the Loan Servicer or be transferred to a srccusor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of class) that arises from the other party s actions pursuant to this Security Instrunwntor that alleges that the other party has breached any prevision of, ce 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 requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice in take corrective action. If Applicable law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for proposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower put sound to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity no coke corrective action provisions of this 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, tither flammable or toxic petroleum produets, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (h)' 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 an response action, remedial action, or removal action, as defined in Environmental law; and (d) an "Environmene, Conti on'means a condition that can cause, contribute to, orotherwise trigger an Environmental Cleanup. NEBRASKA anglc Family— FannieMae /Freddie Mac UNUORM ISSIRUMENT Feno3028 1/01 (..... 9754CV(1 102) 15MMIM1 I O'111QXXRM1he)