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200213107
<br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender my choose to make
<br />this refund by reducing the principal owed under the Now or by making a direct payment in Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepayment without anyprepayment charge (whether or rota prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct 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 Borrower or lender in connection with this Security Instrument must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed in have been given to Borrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Noticem 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 />may be only one deslgnatec
<br />given by delivering it or b;
<br />another address by notice u
<br />been given to Lender until
<br />under Applicable law, the
<br />Instrument.
<br />16. Governing I
<br />ss under this Security Instrument at any one time. Any notice to Lender shall be
<br />y first class mail to Lender's address stated herein unless Lender has designated
<br />Any notice in connection with this Security Instrument shall not be deemed to have
<br />ved 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 />of
<br />shall be
<br />implicitly allow the parties to agree by contractor nought be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract. In the event that any provision or clause of this Security Instrument or the Now conflicts with
<br />Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />e ect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shal I mean and include corresponding neuter
<br />words or words of 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 discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy ofthe Note 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 ifBorrower 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 payment 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 />If Lender 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 any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at anytime prior in the earliest o@ (a) five days
<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 [night specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this
<br />Security Instrument. 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 in one
<br />or more of the following forms, as selected by lender: (a) cash; (b) money order; (c) 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 be sold one or more times without prior notice to Borrower. A sale might result
<br />in a change in the entity (known to the "Loan Service") that collects Periodic Payments due under the Note and mix Security
<br />ate, this
<br />to a sale
<br />will star
<br />new
<br />n 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 a 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 therequirements 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 most 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 />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to 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 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; (b) "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 />" Eudronmen(zl Condition" means a condition that can cause, contribute m, or otherwise trigger an Environmental Cleanup.
<br />NEBRASKA Single Family— Fannie MWFTediie May UNIFORM INSTRITMENT Furm3028 1/01 (page6of8pages)
<br />9756AV(1/112) 1611126
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