200213662 - Laserfiche WebLink

Browse

200213662 already collected from Borrower which exceeded permitted limits will be refunded to Borrower, lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment ah Burrower. If a refund rc fter, principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provider) for under the Nom). 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 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 sent 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 Tender. Borrower shall promptly notify lender of Borrower's change of address. It Lender specifies a procedure for reporting given by delivering it or by mad mg it by first class readd N lender's address stated hcrem 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 Iender. If any notice required by this Security Instrument is also required wider Applicable Law, the Applicable Law, requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Severity 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 limitations of Applicable Law. Applicable Law mightexplicidyor impbdtly allow the parties to agree by contract or It might be silent, but such silence shall not be construed as a prohibition againstagreenhentbycontract. [n 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 e cut without the conflicting provision. As used in this Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) We word "ma "gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of Otis Security Instrument. 18. Transfer of the Property or Beneficial Interest in Borrower. As used in this Section 18, "Interest in the property" means any IegaI or hcwficial intcrosl in the Property, including, but not limited to, those beneficial interests t arsfened bond for deed, contrast for deed. installment sales contractor escrow agreement, the intent of which is the transfer of title by Borrower at a future dam to a purchaser. If all or any pact of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Tender's prior written consent, Iender may requite immediate payment in Poll of all sums secured by this Security Instrument However, this option shall not be exercised by Tender if such exercise is prohibited by Applicable Law. It Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not Ica., than 30 days from the date the notice is given in accordance with Suction 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any re medies permitted by this Security Instnm ant without Ihrther notice or demand on Burrower. 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 any lime 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 Use might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument. Those conditions are that But (a) pays Lender all suns which then wound be due under this Security Instrument and the 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 lcndcr 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 Tnstrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, a easua's check or cashier's cheek, provided any such cheek 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 18, 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. 'The Note or a partial interest in the Note (together with this Securiy Instrument) can be sold one a more times without prior notice to Burrower. A sale might result In a change in the entity (known as the "Loan Servicer) that collects Periodic Payments due under the Note and this Security nstrument and performs other mortgage loan servicing obligations under [he Note, this Security instrument, and Applicable 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 the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicen the address to which payments should be made and any other information RESPA requires 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 to a successor Loon Servicer and are notassumed bythe Note purchaser unless otherwise provided by the Nom 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 dial the other party 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 athaded the other party hereto a reasonable period after the giving of such notice to take corrective aalou. If Applicable Law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purpuses of this puragruph. The notice of acceleration and opportunity to care eiven to Borrower pursuant to Section 22 and the notice otacceleration 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 def ined as toxic or hazardous .substances, pollutants, or warms by F.nvironmenul Taw and the following substances: gasoline. kerosene, other tlammable or mxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos m formaldehyde, and radioactive materials; (b)"Eavironeac lullaw" meansfederal lawsand laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Taw; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, NEBRASKA Single Family Fannie M.eM,rddie Mac IINIFORMINSTRII_MENT Funn3028 1 /01 (paged oJSpageel 9154 CV OM21 1621158 COTOsoly a t,