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200805363
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6/23/2008 8:07:42 AM
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6/23/2008 7:23:24 AM
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DEEDS
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200805363
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<br />200805363 <br /> <br />fee to Borrower 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 interest or other loan <br />charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced <br />by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by <br />making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any <br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made <br />by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br /> <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to <br />Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or <br />when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all <br />Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />designated a substitute notice address by notice to Lender. Borrower shall promptly notifY Lender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that <br />specified procedure. 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 designated another <br />address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender <br />until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable <br />Law requirement will satisfY the corresponding requirement under this Security Instrument. <br /> <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of <br />the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any <br />requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it <br />might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or <br />clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions ofthis Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of <br />the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion <br />without any obligation to take any action. <br /> <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br /> <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any <br />legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for <br />deed, installment sales contract or escrow agreement, the intent of which is the 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 person and a <br />beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full <br />of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by <br />Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 <br />days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br /> <br />19. Borrower's Right to Reinstate After Acceleration. I fBorrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale ofthe Property pursuantto <br />any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specifY for the termination of <br />Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any <br />default of any other covenants or agreements; ( c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited <br />to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest <br />in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's <br />interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security <br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more ofthe <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, <br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or <br />(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this <br />Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as <br />the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sale ofthe Note. Ifthere is a change ofthe Loan Servicer, Borrower will be given written notice of the change which <br /> <br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNiFORM INSTRUMENT <br />Page 7 of 9 <br /> <br />Form 3~~ 1101 <br />Borrower(s) Initials ~ JlttL <br /> <br />IDS, Inc. <br />
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