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201203518
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6/5/2012 4:32:55 PM
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5/3/2012 3:39:23 PM
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201203518
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�0120351v <br />other fees, the absence of express authority in this 5ecurity Instrument to charge a specific fee to Borrower sha11 <br />not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly <br />prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the a�unt necessary to reduce the charge to <br />the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or <br />by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial <br />prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). <br />Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any <br />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 <br />be in writing. Any notice to Borrower in connection with this Security Instrument sha11 be deemed to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent <br />by other means. Notice to any one Borrower shall constitute norice to all Borrowers unless Applicable Law <br />expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a <br />substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of <br />address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sha11 only <br />report a change of address through that specified proce�iure. There may be only one designated notice address <br />under this Security Instcument at any one time. Any notice to Lender shall be given by delivering it or by <br />mailing it by first class ma,il to Lender's address stated herein unless Lender has designated another address by <br />notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been <br />given to Lender until actually received by Lender. If any notice required by this Security Instrument is also <br />required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under <br />this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governe� <br />by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations <br />contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. <br />Applicable Law might explicitly or unplicitly allow the parties to agree by contract or it might be silent, but such <br />silence shall not be construed as a prohibirion against agreement by contract. In the event that any provision or <br />clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict sha11 not afFect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender sha11 mean and include <br />corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the <br />plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower sha11 be given one copy of the Note and of this Security Instrument. <br />18. Traasfer of t6e Property or a Beneficial Interest in Borrower. As used in this Section 18, <br />"Interest in the Properly" means any legal or beneficial interest in the Properiy, including, but not limited to, those <br />beneficial interests transferred in a bond for deed, conh�act for deed, installment sales contract or escrow <br />agreement, the intent of which is the transfer of ritle by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is <br />not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written <br />consent, Lender may require immediate payment in full of all sums secured by this Security Instrument <br />However, this option shall not be exercised by Lender if such exercise is �rohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Bonower nohce of acceleration. T'he notice shall <br />provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within <br />which Borrower must pay all sums secured b� this Security Instrument. If Borrower fails to pay these sums prior <br />to the expiration of this period, Lender may mvoke any remedies permitted by this Security Instrument without <br />fwther notice or demand on Bonower. <br />19. Borrower's Right to Reiactate After Acceleration. If Borrower meets certain conditions, <br />Borrower sha11 have the right to have enforcement of this Security Instrument discontinued at any time prior to <br />the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security <br />Instrument; (b) such other period as Applicable Law might specify for the terminarion of Borrower's right to <br />reinstate; or (c) entry of a judgment enforcing this Security Instcument. Those conditions are that Borrower: (a) <br />pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration <br />had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred <br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection <br />and valuation fees, and other fees incurred for the purpose of protecting Lender's mterest in the Property and <br />rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that <br />Lender's interest in the Pro�erty andrights under this Security Instirrument, and Borrower's obligation to pay the <br />sums secured by this Secunty Instrument, shall continue unchanged. Lender may require that Borrower pay such <br />reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is <br />drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or <br />(d) Electronic Funds Transfer. Upon remstatement by Borrower, this Secunty Instrument and obligations secured <br />hereby sha11 remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not <br />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 <br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A <br />sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due <br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the <br />Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Bonower will be given written <br />notice of the change which will state the name and address of the new Loan Servicer, the address to which <br />payments should be made and any other information RESPA requires in connection with a notice of transfer of <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of <br />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 <br />the Note purchaser. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ol (page 7 of 9 pages) <br />9754.CV (7/11) 107524 CreaHve Thinking, Inc. <br />GOTO(003b7696) <br />
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