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202303550 <br />under the Note or this Security Instrument; and (e) agrees that Lender and any other Borrower <br />can agree to extend, modify, forbear, or make any accommodations with regard to the terms of <br />the Note or this Security Instrument without such "Borrower's consent and without affecting <br />such Borrower's obligations under this Security Instrument. <br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who <br />assumes Borrower's obligations under this Security Instrument in writing, and is approved <br />by Lender, will obtain all of Borrower's rights, obligations, and benefits under this Security <br />Instrument. Borrower will not be released from Borrower's obligations and liability under this <br />Security Instrument unless Lender agrees to such release in writing. <br />15. Loan Charges. <br />(a) Tax and Flood Determination Fees. Lender may require Borrower to pay (i) a <br />one-time charge for a real estate tax verification and/or reporting service used by Lender in <br />connection with this Loan, and (ii) either (A) a one-time charge for flood zone determination, <br />certification, and tracking services, or (B) a one-time charge for flood zone determination <br />and certification services and subsequent charges each time remappings or similar changes <br />occur that reasonably might affect such determination or certification. Borrower will also <br />be responsible for the payment of any fees imposed by the Federal Emergency Management <br />Agency, or any successor agency, at any time during the Loan term, in connection with any <br />flood zone determinations. <br />(b) Default Charges. If permitted under Applicable Law, Lender may charge Borrower <br />fees for services performed in connection with Borrower's Default to protect Lender's interest <br />in the Property and rights under this Security Instrument, including: (i) reasonable attorneys' <br />fees and costs; (ii) property inspection, valuation, mediation, and loss mitigation fees; and (iii) <br />other related fees. <br />(c) Permissibility of Fees. In regard to any other fees, the absence of express authority <br />in this Security Instrument to charge a specific fee to Borrower should not be construed as <br />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 />(d) Savings Clause. If Applicable Law sets maximum loan charges, and that law is <br />finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the Loan exceed the permitted limits, then (i) any such loan charge will be <br />reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) any <br />sums already collected from Borrower which exceeded permitted limits will be refunded to <br />Borrower. Lender may choose to make this refund by reducing the principal owed under the <br />Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction <br />will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). To the extent permitted by Applicable Law, <br />Borrower's acceptance of any such refund made by direct payment to Borrower will constitute <br />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 <br />written notice to Borrower in connection with this Security Instrument will be deemed to <br />have been given to Borrower when (i) mailed by first class mail, or (ii) actually delivered to <br />Borrower's Notice Address (as defined in Section 16(c) below) if sent by means other than first <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />FORM 3028 07/2021 <br />Page 16 of 22 <br />Powered by Docu Prep Inc. 2023 h15846 <br />