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202402004
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5/6/2024 3:14:29 PM
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DEEDS
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202402004
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202402004 <br />LOAN #: 2854711 <br />which proceeds will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or <br />repair of the Property will be applied in the order that Partial Payments are applied in Section 2(b). <br />13. Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Successor in <br />Interest of Borrower will not be released from liability under this Security Instrument if Lender extends the <br />time for payment or modifies the amortization of the sums secured by this Security Instrument. Lender will <br />not be required to commence proceedings against any Successor in Interest of Borrower, or to refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument, <br />by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance <br />of payments from third persons, entities, or Successors in Interest of Borrower or in amounts less than <br />the amount then due, will not be a waiver of, or preclude the exercise of, any right or remedy by Lender. <br />14. Joint and Several Liability; Signatories; Successors and Assigns Bound. Borrower's obli- <br />gations and liability under this Security Instrument will be joint and several. However, any Borrower who <br />signs this Security Instrument but does not sign the Note: (a) signs this Security Instrument to mortgage, <br />grant, and convey such Borrower's interest in the Property under the terms of this Security Instrument; <br />(b) signs this Security Instrument to waive any applicable inchoate rights such as dower and curtesy <br />and any available homestead exemptions; (c) signs this Security Instrument to assign any Miscellaneous <br />Proceeds, Rents, or other earnings from the Property to Lender; (d) is not personally obligated to pay <br />the sums due under the Note or this Security Instrument; and (e) agrees that Lender and any other Bor- <br />rower can agree to extend, modify, forbear, or make any accommodations with regard to the terms of the <br />Note or this Security Instrument without such Borrower's consent and without affecting such Borrower's <br />obligations under this Security Instrument. <br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Bor- <br />rower's obligations under this Security Instrument in writing, and is approved by Lender, will obtain all of <br />Borrower's rights, obligations, and benefits under this Security Instrument. Borrower will not be released <br />from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such <br />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 <br />for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, <br />and (ii) either (A) a one-time charge for flood zone determination, certification, and tracking services, or <br />(B) a one-time charge for flood zone determination and certification services and subsequent charges <br />each time remappings or similar changes occur that reasonably might affect such determination or certifi- <br />cation. Borrower will also be responsible for the payment of any fees imposed by the Federal Emergency <br />Management Agency, or any successor agency, at any time during the Loan term, in connection with <br />any flood zone determinations. <br />(b) Default Charges. If permitted under Applicable Law, Lender may charge Borrower fees for <br />services performed in connection with Borrower's Default to protect Lender's interest in the Property <br />and rights under this Security Instrument, including: (i) reasonable attorneys' fees and costs; (ii) property <br />inspection, valuation, mediation, 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 <br />Security Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instru- <br />ment 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 exceed <br />the permitted limits, then (i) any such loan charge will be reduced by the amount necessary to reduce <br />the charge to the permitted limit, and (ii) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the <br />principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, <br />the reduction 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, Borrower's <br />acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right <br />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 <br />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 in <br />Section 16(c) below) if sent by means other than first class mail or Electronic Communication (as defined <br />in Section 16(b) below). Notice to any one Borrower will constitute notice to all Borrowers unless Appli- <br />cable Law expressly requires otherwise. If any notice to Borrower required by this Security Instrument <br />is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding <br />requirement under this Security Instrument. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />ICE Mortgage Technology, Inc. Page 10 of 14 NE21 UDEED 0222 <br />NEUDEED (CLS) <br />
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