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202306219 <br />this Security Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to Lender; <br />(d) is not personally obligated to pay the sums due under the Note or this Security Instrument; and (e) agrees that <br />Lender and any other Borrower can agree to extend, modify, forbear, or make any accommodations with regard to <br />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 18, 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 />14. Loan Charges. <br />(a) Flood Determination Fees. Lender may require Borrower to pay either (A) a one-time charge for flood zone <br />determination, certification, and tracking services, or (B) a one-time charge for flood zone determination and <br />certification services and subsequent charges each time remappings or similar changes occur that reasonably might <br />affect such determination or certification. Borrower will also be responsible for the payment of any fees imposed by <br />the Federal Emergency Management Agency, or any successor agency, at any time during the Loan term, in <br />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 <br />Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such fee. <br />Lender may collect fees and charges authorized by the Secretary. 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 finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, <br />then (i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and <br />(ii) 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. To the extent permitted <br />by Applicable Law, 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 />15. 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 <br />in connection with this Security Instrument will be deemed to have been given to Borrower when (i) mailed by first <br />class mail, or (ii) actually delivered to Borrower' s Notice Address (as defined in Section 15(c) below) if sent by means <br />other than first class mail or Electronic Communication (as defined in Section 15(b) below). Notice to any one <br />Borrower will constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. If any notice <br />to Borrower required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under this Security Instrument. <br />(b) Electronic Notice to Borrower. Unless another delivery method is required by Applicable Law, Lender <br />may provide notice to Borrower by e-mail or other electronic communication ("Electronic Communication") if: (i) <br />agreed to by Lender and Borrower in writing; (ii) Borrower has provided Lender with Borrower' s e-mail or other <br />electronic address ("Electronic Address"); (iii) Lender provides Borrower with the option to receive notices by first <br />class mail or by other non -Electronic Communication instead of by Electronic Communication; and (iv) Lender <br />otherwise complies with Applicable Law. Any notice to Borrower sent by Electronic Communication in connection <br />NEBRASKA FHA DEED OF TRUST - MERS *DocMagic <br />NEDOTZ2N.FHA 01/24/23 <br />Page 12 of 18 <br />