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202405103 <br />(d) Savings Clause. If Applicable Law sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then <br />(i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) <br />any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may <br />choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. <br />If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge <br />(whether or not a prepayment charge is provided for under the Note). To the extent permitted by Applicable Law, <br />Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of <br />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 in <br />connection with this Security Instrument will be deemed to have been given to Borrower when (1) mailed by first class <br />mail, or (ii) actually delivered to Borrower's Notice Address (as defined in Section 16(c) below) if sent by means other <br />than first class mail or Electronic Communication (as defined in Section 16(b) below). Notice to any one Borrower will <br />constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. If any notice to Borrower <br />required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy <br />the corresponding requirement under this Security Instrument. <br />(b) Electronic Notice to Borrower. Unless another delivery method is required by Applicable Law, Lender may <br />provide notice to Borrower by e-mail or other electronic communication ("Electronic Communication") if: (i) agreed to by <br />Lender and Borrower in writing; (ii) Borrower has provided Lender with Borrower's e-mail or other electronic address <br />("Electronic Address"); (iii) Lender provides Borrower with the option to receive notices by first class mail or by other <br />non -Electronic Communication instead of by Electronic Communication; and (iv) Lender otherwise complies with <br />Applicable Law. Any notice to Borrower sent by Electronic Communication in connection with this Security Instrument <br />will be deemed to have been given to Borrower when sent unless Lender becomes aware that such notice is not <br />delivered. If Lender becomes aware that any notice sent by Electronic Communication is not delivered, Lender will <br />resend such communication to Borrower by first class mail or by other non -Electronic Communication. Borrower may <br />withdraw the agreement to receive Electronic Communications from Lender at any time by providing written notice to <br />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") will be <br />the Property Address unless Borrower has designated a different address by written notice to Lender. If Lender and <br />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 Address, <br />including any changes to Borrower's Electronic Address if designated as Notice Address. If Lender specifies a <br />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 />(d) Notices to Lender. Any notice to Lender will be given by delivering it or by mailing it by first class mail to <br />Lender's address stated in this Security Instrument unless Lender has designated another address (including an <br />Electronic Address) by notice to Borrower. Any notice in connection with this Security Instrument will be deemed to <br />have been given to Lender only when actually received by Lender at Lender's designated address (which may include an <br />Electronic Address). If any notice to Lender required by this Security Instrument is also required under Applicable Law, <br />the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />(e) Borrower's Physical Address. In addition to the designated Notice Address, Borrower will provide Lender with <br />the address where Borrower physically resides, if different from the Property Address, and notify Lender whenever this <br />address changes. <br />17. Governing Law; Severability; Rules of Construction. This Security Instrument is governed by federal law and <br />the law of the State of Nebraska. All rights and obligations contained in this Security Instrument are subject to any <br />requirements and limitations of Applicable Law. If any provision of this Security Instrument or the Note conflicts with <br />Applicable Law (i) such conflict will not affect other provisions of this Security Instrument or the Note that can be given <br />effect without the conflicting provision, and (ii) such conflicting provision, to the extent possible, will be considered <br />modified to comply with Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by <br />contract or it might be silent, but such silence should not be construed as a prohibition against agreement by contract. <br />Any action required under this Security Instrument to be made in accordance with Applicable Law is to be made in <br />accordance with the Applicable Law in effect at the time the action is undertaken. <br />As used in this Security Instrument: (a) words in the singular will mean and include the plural and vice versa; (b) <br />the word "may" gives sole discretion without any obligation to take any action; (c) any reference to "Section" in this <br />document refers to Sections contained in this Security Instrument unless otherwise noted; and (d) the headings and <br />captions are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this <br />Security Instrument or any particular Section, paragraph, or provision. <br />18. Borrower's Copy. One Borrower will be given one copy of the Note and of this Security Instrument. <br />19. Transfer of the Property or a Beneficial interest in Borrower. For purposes of this Section 19 only, "Interest in <br />the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent <br />of which is the transfer of title by Borrower to a purchaser at a future date. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may <br />require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise <br />this option if such exercise is prohibited by Applicable Law. <br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021 <br />Page 9 of 12 <br />