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PE -VEiiJ DFO 200213223 ,;Aq' 3652 al ready collected from Borrower wit permitted Louts will be refunded to Borrower. Lender mayehooseto 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 or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bon ower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if scut by other means. Notice to any 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 addresx, then Borrower shall only report a change of address through that specified prscdure. There maybe only one designated notice address under this Security Instrument at anyone trine. Any notice to Lender shall be 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 Instrument shall not be deemed to have been given to Lender until actually received by lender. If any notice required by this Secuntylnstrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; 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 Security Instrument are subject to any requirements and linutations of Applicable Law. Applicable Law mlglnexplicidyor implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agrcunent by contract In the event that any provision or clause ofthis Security Instrument or the Now 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 c ullicting provision. As used in this Security lnstrumenC (a) words of the masculine gender shall mean and includecomespondino neuter words or wards of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and(c) the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Bon'ower shall be given one copy ofthe Note and of this Security instrument. 18. Transfer of the Property or Beneficial Interest in Borrower. As used in this Section 18, "Interest in the 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 contract oresciow agreement. the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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 person and a boncficial interest in Borrower is sold or transterred) without Lender's prior written consent, lender may require immediate pa ent in full of all sums secured by this Security Instrument However, this option shall not be exercised b9 Lender if such exercise is prohibited by Applicable Law. I f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide aperiod cf not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay al l sums secured by this Security Instrument. lfBorrower fails to pay these sums prior to the expiation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Accelerat ion. If Borrower meets certain cnditionn, 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 instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security instrument Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agrccmcnts; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' tees, property inspection and valuation fes, and other fees incurred for the purpose ofprotecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender rimy 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 commove unchanged. I ender may requite that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; Bo money order, (c) certified check, bank check, trcamier's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, irrrtrumcnWlity or entity; or (d) Electronic Funds 'Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain ful ly edective as if no acceleration had occurred. However, this right to reinstate shall not apply in the ease of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower A sale might result in a change in the entity (known as the "Loan Servicer ") that col Iced Periodic Payments due under the Note and this Security Instrument and perfume other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Ioan Scrvicer unrelated to a sale of the Note. Iftheie is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connecton 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 Sc transferred to a successor loan rvicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Burrower 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 corrective action. If Applicable law provides a time period which must elapse before certain action can be taken, that tune period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant in 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 Suhstuncca" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Use and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or tormaldehyde, and radioactive materials; (b) "Environmental Last' means federal laws and laws of the jurisdiction whore the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, ns 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 Parody— FanNe Mae/Froliir Mae L :NIFORM INSTRUMENT Form3029 1/01 (page6p /Bpager) 9754CV (Va2 I61991i GORA000397n)