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200209256 <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. lender maychoose to make <br />this refund by reducing the principal owed under the Now or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether ornotaprepayment <br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment o 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 nr 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 to have been given toā˛¢omower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice toany <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 notice address by notice to Lender. <br />Borrower'shall nominally notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />under Applicable Law, the <br />Instrument. <br />16. Governing I <br />federal law and the law of <br />ived by Lender. If any notice required by this Security instrument is also required <br />Law requirement will satisfy the corresponding requirement under this Security <br />Severability; Rules of Construction. This Security Instrument shall be <br />uisdiction in which the Property is located. All rights and obligations con <br />Applicable Law, such contact 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 Securitylnstrument (a) words of the masculine gender shall mean and include correspondingnewer <br />words or words of the feminine gender; to words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may' gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section I8, "Interest in the <br />Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests <br />transferred in a bond for deed, contract for deed, installment sales contractor escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date m a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or ifBorrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Tender may <br />require immediate pa eat in full of all sums seemed by this Security Instrument. However, this option shall not be <br />exercised by Lender it such exercise 1s prohibited by Applicahle Law. <br />Matter exercises this option, Lender shall give Borrower notice of acceleration. Thenotice 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. If Borrower tails to pay these sums prior to Our <br />may invoke any remedies permitted by this Security Instrument without further notice or <br />19. Borrower's Right to Re instate After Acceleration. If Borrower meets <br />have the right to have enforcement of this Security Instrument discontinued at any time p1 <br />Applicable Law might specify for the termination of Borrower's right in reinstate; or (c) entry of ajudgment enforcing this <br />Security Instrument. Those amdilions are that Borrower. (a) pays Lender all sums which then would he due under this <br />Security Instrument and the Now as if no acceleration had occurred; (b) 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' fees, property inspection and <br />valuation fees, and tither fees incurred for the purpose of protecting lender's interest in the Property and rights under this <br />Security Instrument; and bb takes such action as Lender may reasonably 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 secured by this Security <br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one <br />or more of the following forms, as selected by Lender: (a) cash; (h) money order; (c) certified check, bank chuck, Insurer'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 or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right <br />to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Now <br />(together with this Security Instrument) can be sold one or more times without prlornoticem Borrower. Asalemightresult <br />in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Now and this Security <br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there 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 he made and any other information RESPA requires in connection with <br />a notice of transfer of servicing. If the Note is sold and thereafter 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 the Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual <br />litigant or the member of 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 reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements 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 provides a tome period which must elapse before certain action can be 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 />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <br />kcroscnc, 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 1s located that relate to health, safety or environmental proomhon; (c) `Environmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />"Envinmmcnml Condition" mean. a condition that can cause, contribute it), or otherwise trigger an Environmental Cleanup. <br />NEBRASKA -- Single Family- -Faune MaNFreddle Mac UMMWsI INSTROMENT Fnrm3028 Val (pnRe6n(8p,,,) <br />s1511 v O"o) o11717 <br />oolu)(M)7,191) <br />