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<br />already collected from Borrower which exceeded perrnitied 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 a direct payment to Borrower. Ifa refund reduces
<br />principal, the reduction will he treated as a partial prepayment without any prepayment charge (whether or not prepayment
<br />charge is provided Pot under the Note). Borrower's acceptance many such refund made by direct payment to Borrower 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 Instrument must be in
<br />writing. Anynoticeto Borrowerm connection with this Security Instrument shall be deemedto have been given to Borrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means- Notice to 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 prompptlyy notify Lender of Borrower's change of address. If Lcndcr specifies a procedure for reporting
<br />Rorrower's change of ad dress, then Borrower shallonlyreportachange readdress through that specified procedure There
<br />maybe only one designated notice address under this Secunty Instrument at anyone 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 Secwity Insn'untent shall not be deemed to have
<br />been given to Lender until actually received by Lender. It 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; Severabllity; Rates of Construction. This Security Instrument sun[] 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 />Security Instrument are subject to any requirements and limitations of Applicable Law_ Applicable law might explicitly or
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall traffic construed as a prohibition
<br />against agreement by contract. fn the event hat any provision or clause ofthis Security Instrument or the New confiics with
<br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include comespondingneuter
<br />words or words c f the feminine 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 ofthe Note and of this Security Instrument.
<br />18. Transfer ofthe Property or a Beneficial Interest in Burrower. As used in this Section 18. "Intel est 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 lot deed, contract for deed, installment sales contract or escrow agreement, the intent of which is file
<br />transfer oftitle by Borrower at a future dale to a purchaser.
<br />If all or any part ofthe 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 Burrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require iinmediate 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 Leader exerdses this option, Lender sha l l gi ve Borrower a mice ofacce teration. The notice Shall provide a 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 See only Instrument. If Borrower fails to pay these sums prior to the expiration aIthis period, leader
<br />may invoke any re tech es peredi tied by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security hear anhenl discontinued at any time prior to the earliest of (a) five days
<br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (h) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ayedgment enforcing this
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Note as if nn 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 lo, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrument and (d) takes such action as Tender may reasonably require to assure that Lender'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. Lender may require that Borrower paysuclh rehnstatenhentsuis ondexpensesmone
<br />or more ofthe following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, hank 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 Pands "Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fullyeffe:tivc La if no acceleration had occurred. However, this right
<br />to minstafe 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 a more times without prior notice to Borrower. A sale might result
<br />in a change in the entity (known as the "Lear Servicer ") that collects Periodic Payments due under file Note and this Secunty
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. If there is a change of
<br />the Loan Servicer, Burrower will be given written notice ofthe change which will state the name and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice of transfer of servicing. If the Vole is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser ofthe 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 N are
<br />purchaser.
<br />Neither Borrower nor Lender may conmrencs, join, or be joined to any judicial action (as either an code i dual
<br />litigant or the member ofd class) Ihat arises from the other party's actions pursuant to this Security Instrument or that alleges
<br />that the other party has breached any provision of, 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 Sccti.n 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 betaken, that time
<br />period will be deemed to be reasonable for purposes ofthis pat act The notice ofacceleration and opportunityto care
<br />given to Borrower pursuant to Section 22 and the notice efacceleration given to Borrower pursuant to Section I8 shall be
<br />deemed to satisfy the nonce and opportunity to take corrective action provisions ofthis Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a)'9 hazardous Substances" are those Substances
<br />defined as toxic or hazardous substances, poILimits, or wastes by Envircur Men fal Law and the following substances', gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of
<br />the j urisdiaion where the Property is located that relate to health, safety or environmental protection; (e) Tovironmenwl
<br />Cleanup" includes an response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environnhea ul Condition" means a condition that can cause, contribute to, or otherwise trigger an F.nvironmcutnl Cleanup.
<br />NERRASKA-- Sing hcFa mi ly-- Fnmrie MUNFrndae Mac UNIFORM INSTRUMENT Fo-0028 1 /01 (page 6 ofdpageo
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