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202404657 <br />zone 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 the <br />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, 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 not charge fees that are 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 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 without any prepayment <br />charge (whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable <br />Law, Borrower' s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any <br />right 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 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 16(c) below) if sent by means <br />other than first class mail or Electronic Communication (as defined in Section 16(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 />with this Security Instrument will be deemed to have been given to Borrower when sent unless Lender becomes aware <br />that such notice is not delivered. If Lender becomes aware that any notice sent by Electronic Communication is not <br />delivered, Lender will resend such communication to Borrower by first class mail or by other non -Electronic <br />Communication. Borrower may withdraw the agreement to receive Electronic Communications from Lender at any <br />time by providing written notice to Lender of Borrower' s withdrawal of such agreement. <br />(c) Borrower's Notice Address. The address to which Lender will send Borrower notice ("Notice Address") <br />will be the Property Address unless Borrower has designated a different address by written notice to Lender. If Lender <br />and Borrower have agreed that notice may be given by Electronic Communication, then Borrower may designate an <br />Electronic Address as Notice Address. Borrower will promptly notify Lender of Borrower' s change of Notice <br />Address, including any changes to Borrower's Electronic Address if designated as Notice Address. If Lender specifies <br />a procedure for reporting Borrower' s change of Notice Address, then Borrower will report a change of Notice Address <br />only through that specified procedure. <br />NEBRASKA -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT *DocMagic <br />Form 3028 07/2021 <br />Page 13 of 19 <br />ne3028.dot-a.,anl <br />