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202403805 <br />earnings from the Property to Lender; (d) is not personally obligated to pay the sums due under the Note or this <br />Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear, or <br />make any accommodations with regard to the terms of the Note or this Security Instrument without such <br />Borrower's consent and without affecting such 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 <br />rights, obligations, and benefits under this Security Instrument. Borrower will not be released from Borrower's <br />obligations and liability under this Security Instrument unless Lender agrees to such release in writing. <br />14. Loan Charges. <br />(a) Tax and Flood Determination Fees. Lender may require Borrower to pay either (A) a one-time <br />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 <br />that reasonably might affect such determination or certification. Borrower will also be responsible for the payment <br />of any fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during <br />the Loan 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, <br />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 Security <br />Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such <br />fee. Lender may collect fees and charges authorized by the Secretary. Lender may not charge fees that are <br />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 <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted <br />limits, then (i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted <br />limit, and (ii) any 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 Note or by making a <br />direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment. <br />To the extent permitted by Applicable Law, Borrower's acceptance of any such refund made by direct payment to <br />Borrower will constitute 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 <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 when (i) <br />mailed by first class mail, or (ii) actually delivered to Borrower's Notice Address (as defined in Section 15(c) <br />below) if sent by means other than first class mail or Electronic Communication (as defined in Section 15(b) <br />below). Notice to any one Borrower will constitute notice to all Borrowers unless Applicable Law expressly <br />requires otherwise. If any notice to Borrower required by this Security Instrument is also required under <br />Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />321-4020758-703 1555500389 <br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023 <br />Page 13 of 20 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 <br />N <br />A <br />i <br />A <br />u <br />Q <br />