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200411570 <br />under Applicable Law. The absence of express authority in this Security Instrument to charge a specific fee to Borrower <br />shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited <br />by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which 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: (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment. <br />14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice <br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There <br />may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required <br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal <br />law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security <br />Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly <br />allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against <br />agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given <br />effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may" gives sole discretion without any obligation to take any action. <br />16, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "Interest in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests <br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date to a purchaser. <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, this option shall not be <br />exercised by Lender if such exercise is prohibited by Applicable Law, <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all <br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this <br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or <br />agreements; (c) pays all expenses incurred in enforcing this Security Instrument, as allowed under Applicable Law; and (d) <br />takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this <br />Initials: <br />Nebraska Deed or Trust -Single Family- Secondary Lien Form 3801 DIMI <br />—The Compliance Source, Inc.— Page 8 of 11 14191N6IMOI <br />www.comphaneesouroe.oan m 2001. The CompNanp Jorace, Inc. <br />ITEM 282271.8 (0204) 330174 <br />