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200214063 <br />I i, Ocy collected from Brrrowe' which exceeded per limits will be refunded to Borrower. Lender may choose to make <br />This refund by reducing the principal owed under the Note or by making direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial in epayment without any prepayment charge (whether or net prepayment <br />charge is provided for under the Note) Borrower s acceptance of any such refund made by direct payment to But ower 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 tender 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 i(sent by chat mealts. Notice in 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 />Borrower shall promptly notify fender of Borrower's change of address. If Lender specifies a procedure for reporting <br />Borrowcti s change of address, then Borrower shall only report a change of address through that specified procedure. 77tere <br />may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall he <br />from 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 Security Instrument shall not be deemed to have <br />been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required <br />under Applicable Law, the Applicahle Imw requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />16. Governing Law; Severahility; Rules of Construction. This Security Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this <br />Seem itylostrument are subject to any requirements and limitations of Applicable Imw. Applicable Law mightexplicitlyor <br />implicitly allow the parties to agree by contractor it might be silent, but such silence shall not he construed as a prohibition <br />against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable izw, such conflict shall not affect other provisions of this Securitylnstrument or the Note which can he given <br />effect without the conflicting provision. <br />As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender, (b) words in the singular shall mean and include the plum) and vice versa; and (c) the <br />word 'may" gives sole distinction 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 hcneficial interests <br />transferred in a bond for deed, contract for deed, installment sales uontact or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future dare to a purchaser. <br />If all or any Partofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without fender's prior written consent Lender may <br />require immediate pa ment in hall of all sums secured by this Security Instrument, However, this option shall not be <br />exercised by Leader of such exercise is prohibited by Applicable Law_ <br />It Leader exercises this option, Gander shall give But notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is given m 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, Leader <br />may invoke any remedies permitted by this Security Instrument without Tusher notice or demand on Borrower. <br />19. Borrower's Right to Reinstate A for Acceleration. iBomnvar ineets certain conditions. Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days <br />belbre 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 for the termination of But right to reinstate; or (y entry of ajudgment enforcing this <br />Security Instrument. Those conditions are that Borrower: (a) pays 1,:nder 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 attorneys' fees, property inspection and <br />cadmium fees, and other fees incurred for the purpose of protcoting 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 fender'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. fender may require that Borrower pay such reinstatement sums and expenses memo <br />or more of the following torms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, Treasurer's <br />check or cashier's cheek, provided any suc(a check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality or entity; or (d) Electronic Funds Tramfcr. Upon reinstatement by Borrower, this Security <br />Instrument and obligations secured herchy shall remain fully effective as it no acceleration had occurred. However, this right <br />or 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 as the "Gran Servicer ") that collects Periodic Payments due under the Note and this Security <br />Instrument and performs other mortgage loan servicing oh l ioations under the Note, this Security Instrument mid Applicable <br />Law. 'There also might he one or more changes ol'tire Loan Servicer unrelated to a sale of the Note- Itthere is a changeof <br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new <br />Loan Servicer, the address to which payments should be made and i nyother information RESPA requires in connection with <br />a notice of h'ansfer of servicing. It the Note is sold and thereafter the Goan 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 he joined to any judicial action (as either an individual <br />litigant or the member of a class) that arises hem the other party's actions pursuant to this Security Instrument or that alleges <br />that the other party has breached any provision ot, 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 ofSection 15) <br />of such alleged breach and afforded the other party hereto a reasonable period aher the giving of such notice to take <br />corrective action- It Applicable Law provides a time period which must elapse befm e certain action can betaken, that time <br />period will be deemed to be reasomble for purposes of this paragraph- 'the noticeof acccluratiun and opportunity no cure <br />given to Borrower pursuant to Section 22 and the notice of accelerahon given to Borrower pursuant to Section 18 shall be <br />deemed to satisfy the notice and opportunity to take corrective action provisions if this Section 20. <br />21. lazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic ur 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 />containin6 asbestos or formaldehyde, and radioactive materials; (b) 'Environmental La," means federal laws and laws of <br />the jurisdmnon 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 Imw; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise or an Environmental Cleanup. <br />N'EBIIASKA- Single Yamily- FVnnie Mae/Freaaie Mae UNIFORM I9STRlRSIENT Form Jn28 llol fpage6if8pu,ves) <br />s"'iIA 1102) 1(,24W <br />o;orwao1 m,, <br />