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20114Q157 Lo� #= 0000sz5o3zzoz6 any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums 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 Ndte or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepaymentcharge is provided far underthe Note). Borrower's acceptance ofany such refund made by direct payment ta Borrower will constitute a waiver of any right af action Borrower might have arising out of such overcharge. 15. IVotices. All notices given by Borrower or Lender in cnnnection with this Security Instrument must be in writing. Any noticeto Borrower in connection with this Security Instrument shall be deemed tn have been given to Borrowerwhen mailed by first cl,ass mail or when actually delivered to Bqrrawer's notice address if sent by other means. Notice to any one Borrower shall constitute notice ta 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 Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only repart a change of address through that specified pracedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice #o Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by nakice to Borrower. Any notice in connection with this Securiry Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required bythis Security Instrument is alsa required under Applicable Law, the Applicable Law requirementwill satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severablllty; Rulas of Constructlon. 7his Security 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 Instrumentaresubjectto any requirements and limitatians ofApplicable L.aw. Applicable Law mightexplicitlyor implicitly allowthe parties to agree by contract or it might be silent, butsuch silence shall not be construed as a prohibitian against agreement by contract. In the event that any provision or clause af this Security Instrument or the Note conflicts with Applicable Law, such conflict shall nat affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting prvvision. As used in this 5ecurity Instrument: (a) words afthe masculine gender shall mean and include carresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one capy of the Nate and of this Security Instrument. 18. 1"ransfor oT the Prop�tty or a Beneficial Intarest in Borrowar. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales con#ract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Barrower is not a natural person and a beneficial interest in Barrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Barrower notice of acceleration. The natice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withoutfurther notice or demand on Barrower. 19. Borrawer's Rlght to Relnstate After Acceleratlon. If Barrower meets certain conditions, Barrower shall have the right td have enforcement of this Security Instrument discontinued at any time prior ta 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 Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as rf no acceleration had accurred; (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 otherfees incurred for the purpose of protecting Lender's interest in the Praperty and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require tn 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 Instrument, shall continue unchanged. Lender may require that Borrawer pay such reinstatement sums and expenses in one or more of the following forms, as selected by L.ender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entiry; or (d) Electronic Funds Transfer. Upan reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if na acceleration had occurred. However, this right ta reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Nate; Change of Loan Servicer; Notice of Grlevance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "L.oan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the 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 af the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer af servicing. Ifthe Note is sold and thereafterthe Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligativns to Borrawer will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant ar the member of a class) that arises from the other party's actions pursuant tathis Security Instrument or ges Initiais: NEBRASKA-Single Family--Fannie Mae/Freddle Mac UNIFOiiM INSTRUMENT Form 3028 �/oi � 1999-2006 Online Dxuments Inc. Page 7 Of 9 NEUI]EED 0812