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200213660 already collected from Borrower which exceeded permitted limits will be refunded to Borower. Lendermaychooseto 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 Borrower 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 is connection with this Security Instrument shall he deemed to have been given to Borrower when mailed by first class mail or when actually delivered h) Borrower's notice address it sent by other means. Notice to any one Borrower shall constirole notice to all Borrowers unless Applicable law expressly relit 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- Lf [ender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specitled procedure. There maybe only one designated notice address under this Securitylnstrument at anyone time. 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 ]ender until actually received by Lander. If any notice required by this Security Instrument 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. 'Phis Security Instrument shall be governed by federal law and the law of thejurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable law. Applicable Law nttghtexplicitlyor implicitly allow the parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition a gatnstagreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Apit able law, such conflict shall not affect other provisinn, of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Sector rity Inst umenr (a) words ofthe masculine gender shall mean and include corresponding neuter words or words of feminine gender; (h) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation m take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transferof the Property or a Beneficial Interest in Burrower. As used in this Section 18, "Interest inthe Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in it bond for (lend, contract for deed, Instillment sales contractor escrow agreement, the intent ofwhich is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any lnterest in the Property is sold or transferred (or if Borrower is not a natural person and a heretical interest in Borrower Is sold Or transferred) without Lender's prior written consent, Lender may require immediate pa menu in full of all sums secured by this Security Instrument However. this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. It lender exercises this Option, Lender shall give Borrower nodes of acceleration, The notice shall provide a prowl of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonnwer must pay all sums secured by this Security Instrument. If Borrower fails to pay these series prior to the expiration of this period, Lander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. if Borrower 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 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 Sccurity Instrument 'those conditions are that Borrower; (,a) pays Lender all sans which then would be due under this Security Instrument and Ore Note 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 fresh and Borrower's OhlIga ace to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one nr more of the following forms, as selected by Lender (a) cash: (b) money order; (c) certified check bank check, treasurer's check or cashier's check, provided any such check is drawn upon an inattention 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 it no acceleration had occurred. However, this right to reinstate shall not apply in the case 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 mightectull in a change in the enti ty (know it as the 'Loan Servicer ") that adlects Periodic Payments due under the Nate and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Appplicable Lass la There also might he one err more changes of the loan Servicer unrelated to a sale of the Note. Ifdtereisachangeof the loan Servicer, Borrower will be given written notice it the change which will state the name and address of the new Loan Servicer- the address to which Payments should be, made and anyether information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Inan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing ohhgatiom to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be ct joined n p w any o ti judicial action ns either an r individual litigant or the members u class) that arises from the Other party's actions pursuant to this Security Instrument or until such alleges that the other party has breached any envision of, or any duty owed by reason of, this Security Instrument until such Borrower le Lender has anti tied the Other party (with such notice given in compliance with the giving o such of Section take of such alleged breach and afforded the other Party hereto o reasonable period after the gictio of such notice e, t to lake ce tic l will ine to be tea ono provides a care period which paragraph. elapse notice o accelorition and opportunity that time period will be de r pursuant reasonable for purposes of this paragraph. The nnticc of acceleration and opportunity m cure deemm Borrowerhe noti e a Section ern and the notice ofaceactio p given ns Borrower pursuant w Sectrou 18 shall be deemed 2satisfy the notice and opportunity m take corrective action provisions of this Section 20. 2to Hazardous Substances. po used in this Section nv (a) "Hazardous Substancesi are those substances defined as toxic it Invitations substances, uleum pr err wastes by Environmental Law and the, volatile solvents, gasoline.. kerosene, other flammable ld toxic petroleum products, toxic Pesticides ir and herbicides, volatile solvents, materials containing tion where re formaldehyde and radioactive materials (b) "Environmental Law" means federal laws and laws of the Cleanup" where the property t9 located that relate m health, safety or environmental pprotection; (c) 'Environmental Cleanu(i' includes any response action, remedial action, us removal action, as defined in Environmental Law; and (d) p at "Environmental Condition" morns a condition that can cause, emtribute to, or otherwise trigger an Environmental Cleanup NEBRASKA -- Singer Family Fannie MacTreddie Mac 17NIFORNI INSTRUMENT Form30211 1/01 (page6ctSpagee) 4]V1111 /n2) 1621669 ,Woo X111.1 1.J90