200209247 - Laserfiche WebLink

Browse

200209:47 Lender may choose to make rower. If., efund reduces 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 N 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. 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 designated a .substitute notice address by notice to Lender. Borrowed shall promptly notify lender of Borrowers change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower Shall only report a change ofaddress through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice m Lender shall be given by delivering it or by mailing it by first class mail to Under's address staled herein unless lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed in have been given to Lender until 'actually cocci ved by Under. if my 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 be governed by against agreement by contract. In We event Nat any provision or clause of tms Security Instrument or me Note cor(NCts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given c cel without the conflicting provision. As used in this Securitylnstrument: (a) words of the masculine gender shall mean and includecomesponding neuter 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 "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given 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 limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contractor escrow agreement, the intent et which is the transfer of title by Borrower at a future date m a purchaser. If all or any pan 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 payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tlx 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 stuns secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke an remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Iorrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior m 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 ajudgnent 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; (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 of protecting Lender's interest in the Property and rights under this Security Instrumenh 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, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one to reinstate shall not apply in the case of acceleration under Section IS. 20. Sale of Note; Change of tman Servicer 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 mightresult in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs ether mortgage Iran servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated N a sale of the Note. If there is a change of the Loan Servicer, Borrower will he given written notice of the change which will slate the name and address of the new Loan Servicer, 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 Lean is serviced by a Loan Servicer other than the purchaser of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a suucesser 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 m 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 Instrument or that alleges of such alleged breach and allorded me other party hereto a reasonahle 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, (hat time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and o portunity to ewe given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take comective 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, other flammable or toxic petroleum 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; (e) "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 Family - -Fannie MacTreddie Mac UNIFORM INSTRUMENT Forn13028 1 /01 ipoge6 fgpage.•) wsa( v(1nra) 1iu7n2 aaraO00202s)