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200210123 alreadycollected from Borrower which exceeded permitted limits will be refunded to Borrower. (ender maychoose 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 ornolapmpayment charge is provided for under the Note). Borrower's acceptance of any such refund made bydirectpayment to Bmrowerwill constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Burrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemedm have hcen given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice many 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. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shal I only report a change of address through that specifiedprocedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall he 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 lnsimment 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 satisty the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabOity; 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 Securitylnstrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitlyor implicitly allow the parties to aggree by contract or it might he silent, but such .silence shall not be construed as a prohibition against almanaent 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 Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean andineludc wnrespmdingncutrx 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 "ma)" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall he 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 0e 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 of which is the transfer of title by Borrower at a future date to a purchaser. Halloran part of the Property or any Interest in the Property is sold or transferred for ifBorrower 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 pa ment 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 Under exercises this option, Lender shall give Borrower 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 of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice ur demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. IfBorrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at anytime prior to the earliest of; (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrumenq (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudrem enforcing this Security Instrument. Those conditions arc that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Now 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 Instrument; 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 more or more of the following forms, as selected by lender: (a) cash; (b) money order; (e) 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 Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 1 S. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Now (together with this Security Instrument) can be sold one or more times without rior notice to Borrower. A sale mightresult in a change in the entity (known as the "Loan Servicer ") that collects Periodicl�ayments due under the Note and "a Security Instrument and performs other mortgage loan servicingg obligations under the Note, this Security Instrument, and Appplcable Law. There also might be one or more changes oftheLoan Servicer unrelated to sale of the Note Ifthereisachangeof the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Use Servicer, the address to which payments should be made and any other information RESPArequires in connection with a notice of transfer of servicing. if the Note 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 Borrower will remain with the Loan Servicer or be transferred in a successor Loan Servicer and are not assumed bvthe Note purchaser unless otherwise provided by the Note Neither Borrower nor Lender may continence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrumentor that alleges that the other parry 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 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take crmectivcachon. if Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. 'the notice of acceleration and opportunity to cure given In Burrower 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 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 thefollowing 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 promotion; (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 Fando Fannie Mae/Freddie Mac UNIFORM INSTRIIMF.NT Fnrm 3029 1/01 (pnge h nfApngw) 9754.CV(rN2) Qt769 60 I V(rX12e492)