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<br />" <br /> <br />200709702 <br /> <br />2otV0R)1 <br /> <br />v4 HBCD LOAB i 501589406 <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 <br />not limited to, attorneys' fees, property inspection and valuation fees. In regard to any otherfees, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall 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 Instrument or by <br />Applicable Law. <br />Ifthe loan is subjectto 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 <br />such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any <br />sums already collected from Borrowerwhich exceeded pennitted limits will be refunded to Borrower. Lender may choose <br />to make this refund by reducing the principal owed undetthe Note or by making a direct paymentto Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not <br />a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct <br />payment to Borrower will 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 mall 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. <br />There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender <br />shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless lender has <br />designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be <br />deemed to have been given to Lender until actually received by lender. If any notice required by this Security Instrument <br />is also required under Applicable Law, the Applicable Law requirementwill satisfy the corresponding requirement ufJder <br />this Security Instrument. <br />16. Governing LaWj Severabllltyj 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 <br />(c) the 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 Beneflclallntereat 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 <br />is the transfer of tit/e 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 15 within which Borrower must pay <br />all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, <br />lender 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 <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period <br />as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing <br />this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under <br />this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants <br />or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, <br />reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting <br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may <br />reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and <br />Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may <br />require that Borrower pay such reinstatement sums and expenses In one or more of the following forms, as selected <br />by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided <br />any such check is drawn upon an Institution whose deposits are insured by a federal agency, instrumentality or entity; <br />or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured . <br />hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply in <br />the case of acceleration under Section 18. . <br />20. Sale of Notej Change of Loan Servlcerj NotiCe of Grievance. The Note or a partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might <br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and <br />this Security Instrument and performs other mortgage lOan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servlcer unrelated to a sale of <br />the Note. If there is a change of the loan Servicer, Borrower will be given written notice of the change which will state <br />the name and address of the new loan Servicer, the address to which payments should be made and any other <br /> <br />NEBRASKA..Slngle Family.-Fannlo Mae/Freddlo Mac UNIFORM INSTRUMENT Form 30281/01 Ini tial~ ~ ~\d:> <br />@ 1999-2004 Online Documents. Inc. Page 7 of 9 NEEDEED 0402 <br />10-31-2007 16134 <br />