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200213677
<br />alreadycollected from Borrower which exceeded permitted timid will be refunded to Borrower. l ender may choose to make
<br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any! h refund made by direct payment to Bonower 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 hishouica l must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been givento Borrower
<br />when mailed by fast class mail or when actually delivered to But notice address if sent by other means. Notice to any
<br />one Borrower shall constitute notice to all Borrowers unless Applicable 1 aw expressly requires otherwise. The notice
<br />address shall be the Property Address unless But has designated a substitute notice address by notice to Lender.
<br />eorrower'shall promptly notity Lender of Borrower's change of address- If lender specifies a procedure for reporting
<br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There
<br />may be only one designated notice address under this Security Instrument at any one 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 Sccurity instrument shall not be deemed to have
<br />been given to Lander until actually received by Lender. If any 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 thejuri,diction in which the Properly is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Iaw might explicitly or
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract In the event hat any provision or clause of this Security Instrument or the Now conflicts with
<br />Applicable Law, such conflict shall nut afect other previsions of this Security Instrument or the Nate which can he given
<br />effect without the rendering provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean mid include corresponding neuter
<br />words or words ofthe ternm ne 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 of the 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 contractor escrow agreement, the intentot which is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />It all m any pals ofthe Property many Interest in the Property is sold or transferred (old Borrowers 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, loader shall give Borrower notice of acceleration- The notice shall provide period
<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 tails 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 m demand on Borrower.
<br />19. Borrower's Right to Reinstate After Accelerat ion. If Borrower meets certain conditions. Borrower shall
<br />have the right to have enforcement of this Security Instarnentdiscontinued at any tune prior Io the enrliestof (a) dvc day,
<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 might specify hit the termination of Borrowers right to reinstate; or (c) entry of ajudgmentenforcing this
<br />Security Instrument Those conditions ire that Borrower; (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Nom 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 aLmtncys' fees, property inspection and
<br />valuation tees, and other tees incurred for the purpose of protecting Lender's interest in the Property and rights underthi.s
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
<br />Property and rrghis 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 expen,cs m 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 axurned. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 18.
<br />26. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or it partial interest in the Note
<br />(together with this Security Immanent) can besold one or more times without prior notice to Bonower. A sale might result
<br />in a change in the entity ( known as the "form Servicer ") that collced Periodic Payments due under theNoteand this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instr ument, and Applicable
<br />law. There also might he one or more changes of the Lean 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 />Irian Servicer, the address to which payments should he made and any other information RESPA requires in connection 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 Nom, the mortgage loan servicing obligations hr Burrower will remain with the I can 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 />[inputar the member of a class) that arises Your die other parry's actions pursuant to this Security lestrume ntor that alleges
<br />that the other party has breached any provision ors 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 to take
<br />corrective action If Applicable law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this par my The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice ofacceleration given to Borrower pursuant m Section IS shrill be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Suhstances. 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 mid the following substanux: gasoline,
<br />kerosene, other Flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos orforinaldehyde, and radioactive materials; (b) "Environamodal 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 />"P.nvirzmmental Condition" mean, a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />NEBRASKA S'mgleF, mily— FaamieM,u FreJaie Mar UNIFORM INSTRUMENT For ma028 ISH (page 6„ftl p.....
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