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200208637 already collected from Borrower which exceeded permi¢ed lintits will be refunded to Borrower. Lender may choose 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 he treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance 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 to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by otherrreans. Noficem any one Borrower shall constitute runic. to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower khall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall onlyy report a change of address though that specified procedure. There maybe only one designated notice address under this Secwdy 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 stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument 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 he gwerood 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 law might explicillyor implicitly allow the parties to agree by court act 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 of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Now 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 matter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "m" gives sole discretion without any obligation to take any action. Y7. Borrower's Copy. Borrower shall be given one copy of the Now 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 limited to, those beneficial interests transferred in a bond tot deed, contract for deed, installment sales contractor escrow agreement, the intent of which is the nansfcr of title by Borrower at a future date to a purchaser. 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 person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate pi ent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender it such exercise is prohibited by Applicable Law. lfLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide 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 in the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Re instate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale 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 of ajudgment enforcing this Security Instrument. Those 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; ro) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited m, reasonable attorneys' fees, 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 w assure that Lender's interest in the Prooertv and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security or more or me mnowmg forms, as selcerea ey unuer. ou cash; ta, nwncy omn, tcl cc unw era ;., uaun crwn, ueasmol 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 Borrower, this Security Instrument and obligations secured hereby shal l remain fully effective as iron acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Now or a partial interest in the Now (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale mightresult in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Now and this 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 Low Servicer unrelated to a sale of the Note. If there is a change of the Isam Service,, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires inconnection with fe a notice of transr of servicing. If the Note is sold and thereafter the lean is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with die Lean Servicer or be transferred to a sucoessor Loan Set vicer 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 a class) that arises from the other party's actions pursuant to this Security Instrumantor that 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 requirements of Section l5) 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 betaken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to ewe given to But ower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant w Section 18 shall be deemed to satisfy the notice and opportunity to take 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, kcroscnc, other flammable or toxic pen'oleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) -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 any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NEBRASKA - Single. Fenny —Famle MaeP`f,ddte Mac UNIFORM INSTRUMENT Form 3028 1101 p,ngehn(R),nge.) 9754 CV (1/02) CII725 Gol urau uar re)