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200209926 <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychanse m make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be heated as a partial prepayment without any pre charge (whether or not prepayment <br />charge is provided for under the Note). Borrower's acceptance of any such refund made bydirect payment to 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 Burrower or 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 in have been given toBovower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice m any <br />one Burrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice <br />address shall he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrowee shall t romotly notifv Lender of Borrower's change of address. if Lender specifies a procedure for reporting <br />by mailing it by first class mail to lender's address stated herein unless Lender has designated <br />e to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />til actually received by lender. if any notice required by this Security Instrument is also required <br />the Applicable Law requirement will sausty the corresponding requirement under this Security <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations con <br />Seeuritylnstmment are subject m any requirements and limitations of Applicable Law. Applicable Law migh <br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not he construed as <br />or the Nolc which can he given <br />As used inefe SecurityIne;(b) (a) words of the masculine gender shall mean and include corresponding and neuter <br />words or words es the feminine gender (b) words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may" gives sole is Copy. without any obligation <br />given m take any action. <br />17. Borrower's he Pr Borrower shall he given one copy of ro Note andsed in Security Instrument <br />, "Into <br />18. means any legal or ore Beneficial Property, in Borrower. As used <br />hunted to, Section lneficil intrests <br />Property' means any legal d beneficial interest in the Property, including, but not agreed en those beneficial interests <br />transferred in x hued for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a furore date to a purchaser. <br />If all or anypartofthe Propertyor anyInterest in the Propertyis sold ofnder's rted written t, no(anatural <br />person and a beneficial interest in Borrower is sold or tranxfcrtcd) without lender's prior written consent, Lender may <br />require immediate pa ment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by lender iY such exercise is prohibited by Applicable law. <br />If ]ender exercises this option, Lender shall give Borrower notice of acceleration. The notice 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 fails m pay these sums prior to the expiration of this period, lender <br />may invoke anv remedies nermined by this Security Instrument without further notice or demand on Borrower. <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this <br />Instrument. Insment. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note 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 other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument; and (d) 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 none <br />or more of the following forms, as selected by Lender: (a) cash; (b) moneyordei; (e) certified check, bank check, treasurer'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 Note <br />(together with this Security Instrument) can he sold one or more times without prior notice to Borrower. A sale ntightresuk <br />in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note 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 an 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 />Iran Servicer, the address to which payments should be made and any other information RESPArequires in connection with <br />a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Luan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the lean 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 a class) that arises from the other party's actions pursuant to this Security Instrument of 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 me 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 time 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 m cure <br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be <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 />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials; (()'Environmental Law" means federal laws and laws of <br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental law; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />NEBRASKA - Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT F'orm3028 1/01 (pai,e6ofdpagea) <br />9754 CV(Iro2) G11851 <br />GOTO(CW2d2le <br />