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202404026
<br />LOAN #: 12512480
<br />(d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds
<br />either to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair
<br />of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 days after
<br />the date Lender notifies Borrower that the Opposing Party (as defined in the next sentence) offers to settle
<br />a claim for damages. "Opposing Party" means the third party that owes Borrower the Miscellaneous Pro-
<br />ceeds or the party against whom Borrower has a right of action in regard to the Miscellaneous Proceeds.
<br />(e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any action
<br />or proceeding begins, whether civil or criminal, that, in Lender's judgment, could result in forfeiture of the
<br />Property or other material impairment of Lender's interest in the Property or rights under this Security
<br />Instrument. Borrower can cure such a Default and, if acceleration has occurred, reinstate as provided in
<br />Section 20, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
<br />precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Security Instrument. Borrower is unconditionally assigning to Lender the proceeds of any
<br />award or claim for damages that are attributable to the impairment of Lender's interest in the Property,
<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: (1) 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 />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021
<br />ICE Mortgage Technology, Inc. Page 10 of 14 NE21EDEED 0222
<br />NEEDEED (CLS)
<br />08/20/2024 11:55 AM PST
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