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Last modified
4/25/2024 3:49:11 PM
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4/25/2024 3:49:09 PM
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DEEDS
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202401809
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202401809 <br />LOAN #: 251643 <br />24. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the debt <br />for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly <br />consented and intended to sign the electronic Note using an Electronic Signature adopted by Borrower <br />("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen and ink <br />signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using Borrower's <br />Electronic Signature; (c) understood that by signing the electronic Note using Borrower's Electronic <br />Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with <br />its terms; and (d) signed the electronic Note with Borrower's Electronic Signature with the intent and <br />understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note <br />in accordance with its terms. <br />25. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reim- <br />burses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not <br />repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party ben- <br />eficiary to the contract of insurance between the Secretary and Lender, nor is Borrower entitled to enforce <br />any agreement between Lender and the Secretary, unless explicitly authorized to do so by Applicable Law. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />26. Acceleration; Remedies. <br />(a) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration fol- <br />lowing Borrower's Default, except that such notice of Default will not be sent when Lender exercises <br />its right under Section 18 unless Applicable Law provides otherwise. The notice will specify, in <br />addition to any other information required by Applicable Law: (i) the Default; (ii) the action required <br />to cure the Default; (iii) a date, not less than 30 days (or as otherwise specified by Applicable <br />Law) from the date the notice is given to Borrower, by which the Default must be cured; (iv) that <br />failure to cure the Default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property; (v) Borrower's right to <br />reinstate after acceleration; and (vi) Borrower's right to bring a court action to deny the existence <br />of a Default or to assert any other defense of Borrower to acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date <br />specified in the notice, Lender may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender will be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this Section 26, including, but not limited to: (i) reasonable <br />attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred <br />to protect Lender's interest in the Property and/or rights under this Security Instrument. <br />(c) Notice of Sale; Sale of Property. If the power of sale is invoked,Trustee will record a notice <br />of Default in each county in which any part of the Property is located and will mail copies of <br />such notice, in the manner prescribed by Applicable Law, to Borrower and to the other required <br />recipients. After the time required by Applicable Law, Trustee will give public notice of sale to the <br />persons and in the manner prescribed by Applicable Law. Trustee, without further demand on <br />Borrower, will sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announce- <br />ment at the time and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />(d) Trustee's Deed; Proceeds of Sale. Upon receipt of payment of the price bid, Trustee will <br />deliver to the purchaser a Trustee's deed conveying the Property. The recitals in the Trustee's <br />deed will be prima facie evidence of the truth of the statements made in that deed. Trustee will <br />apply the proceeds of the sale in the following order: (i) to all costs and expenses of exercising <br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees and costs, as permitted by Applicable Law; (ii) to all sums secured by <br />this Security Instrument; and (iii) any excess to the person or persons legally entitled to it. <br />27. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender will <br />request Trustee to reconvey the Property and will surrender this Security Instrument and all Notes evi- <br />dencing the debt secured by this Security Instrument to Trustee. Upon such request, Trustee will reconvey <br />the Property without warranty to the person or persons legally entitled to it. Such person or persons will <br />pay any recordation costs associated with such reconveyance. Lender may charge such person or per- <br />sons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) <br />for services rendered and the charging of the fee is permitted under Applicable Law. <br />28. Substitute Trustee. Lender may, from time to time, by itself or through the Loan Servicer, remove <br />Trustee and appoint a successor trustee to any Trustee appointed under this Security Instrument by an <br />NEBRASKA —Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 (rev. 7/23) <br />Modified for FHA 1/2023 (HUD Handbook 4000.1) <br />ICE Mortgage Technology, Inc. Page 13 of 14 NEEFHA23DE 0823 <br />NEEDEED (CLS) <br />04/24/2024 07:46 AM PST <br />Illi MU' ' <br />k r i 1iIli <br />
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