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202110959
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12/28/2021 4:22:54 PM
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12/28/2021 4:22:53 PM
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DEEDS
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202110959
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If the Loan is subject to a law which sets maximum loan charges, and that law is finally 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 charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge <br />is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will 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 <br />be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have <br />been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice <br />address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless <br />Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless <br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify <br />Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change <br />of address, then Borrower shall only report a change of address through that specified procedure. There <br />may be only one designated notice address under this Security Instrument at any one time. Any notice <br />to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated <br />herein unless Lender has designated another address by notice to Borrower. Any notice in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until actually received <br />by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the <br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be <br />governed by federal law and the law of the jurisdiction in which the Property is located. All rights and <br />obligations contained in this Security Instrument are subject to any requirements and limitations of <br />Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it <br />might be silent, but such silence shall not be construed as a prohibition against agreement by contract. <br />In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable <br />Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br />given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include <br />corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and <br />include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to <br />take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, <br />"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited <br />to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract <br />or escrow agreement, the intent of which is the transfer of title 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 not <br />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 prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date the notice is given in accordance with Section <br />15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to <br />pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, <br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time <br />prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained <br />in this Security Instrument; (b) such other period as Applicable Law might specify for the termination <br />of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security <br />Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants <br />or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not <br />limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for <br />the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and <br />(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property <br />and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement <br />sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money <br />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 reinstatement by Borrower, this Security Instrument and obligations <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to <br />reinstate 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 <br />in the Note (together with this Security Instrument) can be sold one or more times without prior notice <br />to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects <br />NEBRASKA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />ICE Mortgage Technology, Inc. Page 8 of 10 <br />NEUDEED 0415 <br />NEUDEED (CLS) <br />202110959 <br />
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