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201207860
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10/10/2012 10:19:10 AM
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9/24/2012 8:11:02 AM
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DEEDS
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201207860
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� <br />other fees, the absence of express authority mthis Se�mty Inshvment to charge a specific fee to Borrower shall <br />not ba consuued as a prohibition on tha charging of such fee. Lender may not chazga fees that aze expressly <br />prohibited by this Secunty Instnunent or by Applicabla Law. <br />If tha Loan is sub'ect to a law which setc maximum loan charges, and tUat law is fmally interpreted so <br />that the interest or other �oan chazgas collected or W be collected in connecdon with the Loan exceed the <br />pemtitted limits, then: (a) any such loan charge shall be reduced by the amount nece.s to reduce the charge to <br />the permitted limit and (b) any sums already collected from Barrower wluch exceed�parmitted limits will be <br />refunded to Borrower. Lender may choose to make this rafund by reducing the principal owed under the Note or <br />by making a direct payment to Borrower. If a rafimd reduces pnncipal, the reduction will be teated ac a partial <br />prepayment wiWout any prepayment charge (whether ornot a prepayment charge is provided for �mder the Nota). <br />Boaower's acceptanca of any such refimd mada by direct payment w Borrower will constitute a waiver of any <br />right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices givan by Borrower or Lender in comiection with this Security Instr�unent must <br />be in writing. Any notice W Borrower in connecNon with this Secunty Insdwvent shall be deemed to hava been <br />g�ven to Borrower when mailed by fust class mazl or when actually delivered to Boaower's natice address ifsent <br />by other means. Notice to any one Borrower shall constitute nohce to ap Boaowers unless Applicable Law <br />expressly requires otherwise. The norice address sha(1 be the Property Addrass unless Borrowar has designated a <br />substitute nottca address by notice to Lender. Boaower shallpromptly norify Lender of Boaower's change of <br />address. If Lenderspecifies a procediue for reporting Borrower's change of address, then Borrower shall only <br />report a changa of adiress t}vough that specified pmcalure. There may ba only ona designated notice address <br />under ihis Security Instivment at any one tune. My notice to Lender shall be given by deliverin it or by <br />mailing it by first class mail to Lender's address stated herein uoless Lender has dasignated another a�dress by <br />notice to Borrower. Any notice in connecxion with this Security Insh�unent shall not be deemed to have been <br />given to Lender until actually received by Lender. If any norica requaed by this Security Instrumant is also <br />required under Applicabla Law, the Applicable Law requir�nent will satisfy the cornespondiag requirement under <br />this Secwity Instrumenk <br />16. Governi»g Law; Severabllfty; Rnles ofConstruction. This Sec�ity Instrumem shall be govemed <br />by federal ]aw and the law of the jurisdiction in which the Property is loceted. All rights and obligations <br />contained in this Security Instrument are sub'ect ta any requirements and limitations of Applicable Law. <br />Applicable Law might explicitly or miplicidy al�ow tha parties to agree by contnct or k might be silent, but such <br />silence shall not be consutied as a prohbition against ageament by conhacL In the avent that any provision or <br />clause of this Security Instnanent or the Nota conflict� wrth Applicablc Law, such conflict shall not affect other <br />provisions of this Security Instrumant or the Note which can be given affect vrithout the conflicting provision. <br />As used in this Securiry Instrument (a) words of the masculine gander shall mean and mclude <br />corresponding neuter words or words ofthe feminma gender; (b) wards in tha singular shall �an and include the <br />plural and vice versa; and (c) tha word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of theNote and ofthis Security Inswment <br />1& Transfer of the Property or a Beneticial Ioter�t in Borrower. As used in this Section 18, <br />"Interest in the Property" means any legal or beneficial interest inthe riy, including, butnot limited to, those <br />beneficial interesls transferred in a bond for deed, conhact for d�installment sales contract or ascrow <br />agreement, the intent of which is the transfer of thle by Borrowar at a firtura date to a purchaser. <br />Tf all or any part of the Froperty or any Interest in the Properiy is sold or transfatred (or ifBorrower is <br />not a natural person and a beneficial mterest in Boaowa is sold or Lansferrecn without Lander's prior written <br />consent, Lender may require immediate payment in full of a11 sums secured by Uris Securi� Instrument <br />However, this option shall not be exercised by Lender if such exarcise is prohibited by AppGcab e Law. <br />If Lendar exercises this option, Lender shall grva Borrower norce of acceleration The notice shall <br />provide a period of not less than 30 days fromtha date the notica is given in accordance with Section 15 within <br />which Boaower must pay all sums secured by this Sec�ity Instrument If Borrawer fails to pay these sums prior <br />to the expiration of this period, Lender may mvoke any remedies permitted by this Seciuiry Inshvment wrthout <br />further nottce or demand on Borrower. <br />19. Borrower's Right to Reiastate After Aceeleratlon. If Bmrower meets certam condidons, <br />Borrower shall have the right to have enforcement of this Secisity Instrument discontinued at any time prior to <br />the earliest of: (a) five days befora sale of the Proparry p�suant to any power of sale contamed in this Secarity <br />InsUUment; (b such other period as Applicabla Law anght specify fir the termmation of Boaower's right to <br />reinstete or (c; entry of a jud$ment enforcing this Security Inshvment Those conditions are that Bonower: (a) <br />pays Lendar all sums which then would be dua imder this Secisity Ins�ument and tha Note as ifno acceleration <br />had occurred; (b) cures any default of any other �venants or ageements; (c) pays all axpenses incurred <br />in enforcin� dris Sec»uitty Inshwnen� includ'mg, but not lunited m, reasonable attome�+s' fees,,property inspection <br />and valuahon fees, and other feas incurred for thep�upose of protectmg Lender's mterest m the Properiy and <br />rights under this Security Instrvmanfi end (� tekes such action as Lender may teasonebly requira to ass�e that <br />Lender's intere5t in the Property andrights imder this Se�anity Insewnent, and Borrower's obliget�on to pay the <br />simvs secured by this Security Insri�uaent, shall cantinue unchanged. Lendermayrequae that Bmrower pay such <br />reinstatement sums and expens� in one or mora of the following foims, es selected by Lender. (a) cxsh; <br />(b) money order; (c) certified check, bank check, ri�eavurar's chack orcashier's check, provided eny such check is <br />�rawn upon aa institution whosa de�osits ere insured by a federal a�ency, ins�entallty or entity or <br />(d) Electronic Fands Transfer. Upon remstatearentby Borrower, this Secunty Inshvmant and oblige6ons seciued <br />hereby shall remain flilly effective as if no accelecation had occutred. However, this right to reinstate shall not <br />apply in the case of accelaradon under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievaece. Tha Note or a pa►tial interest in the <br />Note (together with this Security Instrumant) can be sold one orraore times without prior notice to Borrower. A <br />sale migtit resuk in a change in the entity (la►own as the "Loen Servicer") that collects Periadic Payments c�ue <br />under the Note and this Security Instrument end performs other mortgage loan servicing obligations under the <br />Note, this Secunty Inswment, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer umelatecl to a sale of the Note. If there is achange oftha Loan Servicer, Boaower will be given written <br />notice of the change which will state the naure and address of the naw Loan Servicer, the address to which <br />payments should be made and any other information RFSPA zequiras in connection with a notice of transfer of <br />servicing. If the Note is sold and thereafter tha Loan is serviced by a Loan Servicer other than the purchaser of <br />the Note, the mortgage loan servicing obligations to Boaower will remain with the Loan Serncer or be <br />transferred to a succassor Loan Servicer and are not assumed by tha Note purchacerunles.s othecwise provided by <br />the Note purchaser. <br />NEBRASICA—Single Fem�y—Faunle Mae/Freddle Mac i1NIFORM IN9TRUMENT Form 3028 1Nt (p�e 7 aJ9 pages) <br />9734.CV (7/11) 4300102607 GY�tiveThinktng, Inc. <br />GOTO(003fe741) <br />
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