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202304923
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9/20/2023 8:34:49 AM
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9/19/2023 3:21:42 PM
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DEEDS
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202304923
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202304923 <br />Security Instrument to waive any applicable inchoate rights such as dower and curtesy and any available homestead <br />exemptions; (c) signs this Security Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the <br />Property to Lender; (d) is not personally obligated to pay the sums due under the Note or this Security Instrument; and <br />(e) agrees that Lender and any other Borrower can agree to extend, modify, forbear, or make any accommodations with <br />regard to the terms of the Note or this Security Instrument without such Borrower's consent and without affecting such <br />Borrower's obligations under this Security Instrument. <br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, will obtain all of Borrower's rights, <br />obligations, and benefits under this Security Instrument. Borrower will not be released from Borrower's obligations <br />and liability under this 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 one-time charge for a real <br />estate tax verification and/or reporting service used by Lender in connection with this Loan, and (ii) either (A) a one- <br />time charge for flood zone determination, certification, and tracking services, or (B) a one-time charge for flood zone <br />determination and certification services and subsequent charges each time remappings or similar changes occur that <br />reasonably might affect such determination or certification. Borrower will also be responsible for the payment of any <br />fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during the Loan <br />term, in connection with any flood zone determinations. <br />(b) Default Charges. If permitted under Applicable Law, Lender may charge Borrower fees for services <br />performed in connection with Borrower's Default to protect Lender's interest in the Property and rights under this <br />Security Instrument, including: (i) reasonable attorneys' fees and costs; (ii) property inspection, valuation, mediation, <br />and loss mitigation fees; and (iii) other related fees. <br />(c) Permissibility of Fees. In regard to any other fees, the absence of express authority in this Security Instrument <br />to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such fee. Lender may <br />not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />(d) Savings Clause. If Applicable Law sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then <br />(i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) <br />any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender <br />may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to <br />Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment <br />charge (whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable <br />Law, 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 />16. Notices; Borrower's Physical Address. All notices given by Borrower or Lender in connection with this <br />Security Instrument must be in writing. <br />(a) Notices to Borrower. Unless Applicable Law requires a different method, any written notice to Borrower in <br />connection with this Security Instrument will be deemed to have been given to Borrower when (i) mailed by first class <br />mail, or (ii) actually delivered to Borrower's Notice Address (as defined in Section 16(c) below) if sent by means other <br />than first class mail or Electronic Communication (as defined in Section 16(b) below). Notice to any one Borrower <br />will constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. If any notice to Borrower <br />required by this 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, Lender may <br />provide notice to Borrower by e-mail or other electronic communication ("Electronic Communication") if: (i) agreed <br />to by Lender and Borrower in writing; (ii) Borrower has provided Lender with Borrower's e-mail or other electronic <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 <br />Page 13 of 18 <br />IDS, Inc. - 93193 Borrower(s) Initials 7 C. KM <br />ID VI <br />
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