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200411953
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Last modified
10/17/2011 12:03:56 AM
Creation date
10/21/2005 6:31:14 AM
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DEEDS
Inst Number
200411953
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200411953 <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, <br />for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not <br />limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority <br />in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such <br />fee. Lender may not charge fees that are expressly prohibited 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 interest <br />or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such <br />loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already <br />collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this <br />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 without any prepayment charge (whether or not a prepayment <br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. <br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when <br />mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one <br />Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address <br />shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall <br />promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of <br />address, then Borrower shall only report a change of address through that specified procedure. There may be only one <br />designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it <br />or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to <br />Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until <br />actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the <br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law <br />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 />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "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 of <br />not less than 30 days from the date the notice is given in accordance with Section 15 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 />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have <br />the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before <br />sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable <br />NEBRASKA— Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 <br />ITEM 26981_9 (0011) —MERS GREATLAND ■ <br />(Page 9 of 12 pages) To i- 800 - 530- 9393�Fau:616-791 -1131 <br />
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