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200211112 <br />rower. Lender trtaychoose w snake <br />t to Borrower. If a refund reduces <br />hinge (whether or act a prepayment <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 or Lender in connection with this Security Instrument must be in <br />writing. Any notice in Borrower in connection with this Security Instrument shall be deemed to havebeen given to Borrower <br />when mailed byfirat class mail or when actually delivered to Borrower's notice address if sent byother means. Notice to any <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 />maybe only one designated nonce address under thus Security Instrument at anyone time. Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given in Lender until actually received by Lender. If an notice required by this Security Instrument is also required <br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this <br />Applicable Law, such contliet shall not affect other provisions of this Security Instrument or me Note which can be given <br />effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the ferfunme gender; (b) 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 lake any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "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 contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date to a purchaser. <br />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 <br />person and a beneficial interest in Borrower is sold or transferred) without lender's prior written consent, Lender may <br />require immediate pi eat in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if such exercise is prohibited by Applicable law. <br />IfLender exercises this option, lender shall give Borrower notice of acceleration. The notice shall provide aperiod <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 to pay these sums prior to the expiration of this period, Lender <br />may invoke an remedies petitwd by thus Security Instrument without further notice or demand on Borrower. <br />19. B m <br />orrower's Right to Re instate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />Security Instrument "fhose 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) pa 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 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 Now or a partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result <br />in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Now and t his 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 Service; the address to which payments should be made and any other information RESPA requires in connection with <br />a notice of transfer of servicing. If the Now 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 jhe Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Now <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 dust 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 in take <br />corrective action. If Applicable Law provides a time period which must elapse before certain action can betaken, that time <br />period will be deem be reasonable for p ores 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 />deemed m satisfy the notice and opportunity to take corrective action provisions of this Section 20. <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 andthe 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; (b)' Environmental Lave means federal laws and laws of <br />the jurisdiction where the Property is located that relate m 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 b, or otherwise trigger an Environmental Cleanup. <br />NEBRASKA - Single Family -Finaue Mar/FYeddle Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 6 of8,ages) <br />9750.CV (IM) O11957 <br />