|
200214302
<br />already collected from Burrower which exceeded per I imils tail I he re funded to Boa lower hander mayehoose to make
<br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. It a refund reduces
<br />principal, the reduction will be it as o partial prepayment without any prepayment charge (whether or not prepayment
<br />charge is provided for under the Note). Borrower sor"Itaucc of any such refund made by don't payment n, Borrower w 111
<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 of Lender in connection with this Security Instrument must he in
<br />writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower
<br />when mailed by first class mail or when aerially delivered to Borrower's notice address ffsent by who means Notice to any
<br />one Borrower shall constitute notice to all Barrmvcm unless Applicable Lane expressly requires otherwise. The notice
<br />address shall be the Property Address unless Borrower hats designated a substitute notice address by notice to Lender
<br />may be only one designated notice address under this Seeunty le sttument at anyone time. Any nonce to Lender shall he
<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 Security Instrument shall not he deemed tohave
<br />been given to Lender until actually received by Lender. It any notice required by Ins Security instrmneal i, ads, r,el Ird
<br />under Applicable Law, the Applicable Iaw requirement will Satisty the corresponding requirement under the Security
<br />I nsti ument.
<br />16. Governing Law; Severabilityy; Rules of Construction. 'Phis Sectrtry Instrument shall be governed by
<br />federal Iaw, and the law of the j urisd iction in which the Property is located. All rights and otil fgations contained in this
<br />Security III umem are subject to any requirements and l imitations ofAppl icable l ace. Applicable Law might explicitly or
<br />implicitly allow the parties to agree by contract or it might be Silent, bat such silence shall not be construed as it prohibition
<br />against agreement by con tract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not alle t other provisions of Ihif Security Instrument or the Note which can be 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 war rds ofthe femini ac gender, (h) words in thetirrmar %hull moan 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 ofthis 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 intent of Which is the
<br />transfer of title by Borrower at a future date to it purchaser.
<br />Ifall or any part ofthe Property or any Interest in the Property is sold or transferred (or it Borrower is not a natural
<br />person and or benelcial interest in Borrower is sold of it ansferTCd) Without Lenders to lot wrnten consent tender may
<br />require immediate payment in full of all Sums Secured by this Security Instrument. However, this option shall not he
<br />exercised hS Lender It such exercise is prohibited by Applicable Lev,
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall ILL vfde 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 bythis Security Instrument. If Borrower Pails to pay these Sums prior to the expiration of this period, Leader
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Might to Reinstate After Acceleration.IfBorrowei meets certain conditions. Bra rower shall
<br />have the right to have enforcement of this Seoul try Ihsh'mment discontinued at anytime prior to the earliest of: (a) five days
<br />before sale of the Property pursuant to any power of talc contained in this Secu9ty InstrumemC (b) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; of (c) entry of ajudgment 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 fro acceleration had occurred: (b) cures any default of any other covenants or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing Ibis Security Instrument, including, but not IIInIled to, icasonahle 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 Instrumene, and Or takes Such anion as Trader mey I casonah1) require to assure that Lender's interest in the
<br />Property and rights under this Scent iIN I im nine nt, and Borrowerrs obligation to pay the sums secured by the Security
<br />Instrument, shall continue unchanged. Lauder may talcum that Borrower pay such reinstatement sums and expenses in one
<br />or mare of the following forms, as selected by I eaderc (a) cash; (b) moneyorder, (c) cut tified 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, instrum,ntallty or entity: or (d) Electronic Funds Tr'arsfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured herchy shall remain ally eRccove as if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 18,
<br />20. Sale of Note; Change of Loan Ser.9cer, Notice of Grievance The Note or a partial interest In the Note
<br />(together with this Security Instrument) can he sold one or more times without prior notice to Bon vowel. A sale mightresult
<br />in a change in the entity (known as the "Loan Servicer`) that collects Periodic Payments due under the Noc and this Security
<br />histi unrest and performs other mortgage loon set save obligaions under the Note, this Security Instrument, and Applicable
<br />Law. There also al be one or nor, changes of the loan Set vicer unrelated to a sale of the Note. Ifthers is a change of
<br />the Loan Servicer, Borrower reill be given wrfacn .... tine ul Ih, change which will stole the name and add,cn 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 n'aosfer of sei vicin, It the Note fs Sold and than afte, the Loan is serviced by o loan Servicer other than the
<br />purchaser of the Note, the mortgage loan Servicing obligations to Borrower will remain with the Loan Servicer or he
<br />transferred to a successor' Loan Service and are not assmned by the Note purchaser unless otherwise provided by the Note
<br />Purchase"
<br />Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual
<br />litigant or the member ofo class) that at hour the other Party s actions pursuant to this Security Instrumentor Ihatalleges
<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 non tied the other party (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other petty hereto a reasonable period after the giving of such notice to take
<br />correctiveaction. HApplicable Law provides a time period which must elapse before certain action can betaken, that time
<br />period will be deemed to be reasonable (or purposes of this paragraph. I he notice of acceleration and opportunity to cure
<br />given to Borrower pursuantm Section 22 and the notice ofaccclemtion given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take nor ra;tive action provisions of this Section 20,
<br />21. Hazardous Substances. AS used in hll, Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic nr hazardous Subs W nccs, pollutants, or wastes by Em it camental Law and the following substances: gasoline,
<br />kerosene. other flammable or toxic petroleum products, toxic pesticides and hcibicldes, volatile solvents, materials
<br />containing a9bc%ha or frrrma dchydq and radioactive materials; (h) "Ims accumetind Law ' means federal laws and laws of
<br />the jurisdiction where the Properly is located that relate to health, xafnx or cit vimamental protection; (c) "Environmental
<br />Cleanup" includes aury response action, remedial action, or removal action, as defined m Environmental Law: and (d) an
<br />'Environmental Condition" mesas a condition that can cause, contribute to, or otherwise truer an En iommental Cleanup.
<br />NEBRASKA — Suglefamily— FannieNlae/Freddie RlaelrNIFORNIINST IiPMN:NT Fnr03029 1 /01 (oq¢a6e18......
<br />9131 CA IArt rrOrBa
<br />
|