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202300790 <br />(c) Permissibility of Fees. In regard to any other fees, the absence of express authority in this <br />Security Instrument to charge a specific fee to Borrower should not be construed as a prohibition on <br />the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable Law. <br />(d) Savings Clause. If Applicable Law sets maximum loan charges, and that law is finally interpreted <br />so that the interest or other loan charges collected or to be collected in connection with the Loan <br />exceed the permitted limits, then (i) any such loan charge will be reduced by the amount necessary <br />to reduce the charge to the permitted limit, and (ii) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge <br />(whether or not a prepayment charge is provided for under the Note). To the extent permitted by <br />Applicable Law, Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />16. Notices; Borrower's Physical Address. All notices given by Borrower or Lender in <br />connection with this Security Instrument must be in writing. <br />(a) Notices to Borrower. Unless Applicable Law requires a different method, any written notice to <br />Borrower in connection with this Security Instrument will be deemed to have been given to Borrower <br />when (i) mailed by first class mail, or (ii) actually delivered to Borrower's Notice Address (as defined <br />in Section 16(c) below) if sent by means other than first class mail or Electronic Communication (as <br />defined in Section 16(b) below). Notice to any one Borrower will constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. If any notice to Borrower required by this <br />Security Instrument is also required under Applicable Law, the Applicable Law requirement will <br />satisfy the corresponding requirement under this Security Instrument. <br />(b) Electronic Notice to Borrower. Unless another delivery method is required by Applicable Law, <br />Lender may provide notice to Borrower by e-mail or other electronic communication ("Electronic <br />Communication ") if: (i) agreed to by Lender and Borrower in writing; (ii) Borrower has provided <br />Lender with Borrower's e-mail or other electronic address ( "Electronic Address"); (iii) Lender <br />provides Borrower with the option to receive notices by first class mail or by other non -Electronic <br />Communication instead of by Electronic Communication; and (iv) Lender otherwise complies with <br />Applicable Law. Any notice to Borrower sent by Electronic Communication in connection with <br />this Security Instrument will be deemed to have been given to Borrower when sent unless Lender <br />becomes aware that such notice is not delivered. If Lender becomes aware that any notice sent by <br />Electronic Communication is not delivered, Lender will resend such communication to Borrower by <br />first class mail or by other non -Electronic Communication. Borrower may withdraw the agreement to <br />receive Electronic Communications from Lender at any time by providing written notice to Lender of <br />Borrower's withdrawal of such agreement. <br />(c) Borrower's Notice Address. The address to which Lender will send Borrower notice ("Notice <br />Address") will be the Property Address unless Borrower has designated a different address by <br />written notice to Lender. If Lender and Borrower have agreed that notice may be given by Electronic <br />Communication, then Borrower may designate an Electronic Address as Notice Address. Borrower <br />2201554695 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Wolters Kluwer Financial Services, Inc. <br />2023021323.1.0.4809J20221024Y <br />1 <br />Form 3028 07/2021 <br />10/2022 <br />Page 16 of 22 <br />• <br />• I <br />1 <br />