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201102220 <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the <br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' <br />fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to <br />charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are <br />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 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 tha 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 wili 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. Any notice to <br />Borro�ver 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 addr�ss i#'sent by other means. Notice to �ny on� Borrower shall constitute notice to aU <br />Barrowers unless Applicable Law expressly reyuires 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 ehange af address, then Borrower shall only report a change of address through that <br />specified procedure. T'here may be only one designated notice address under this Security Instrument at any one 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 />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law <br />of 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 of this 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 <br />words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole <br />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 Property" means <br />any legal or beneficial interest in the Properiy, including, but not limited to, those beneficial interests transferred in a bond for deed, contract <br />for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a <br />purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transfened (or if Borrower is not a natural person and a <br />beneficial interest in Borrower is sold or transferred) withQUt Lender's prior written consent, Lender may require immediate payment in full <br />of all sums secured by this Security Instrument. However, this option shatl not be exercised by Lender if such cxercise 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 <br />30 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 />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to <br />have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property <br />pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the <br />termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. T'hose conditions are that <br />Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; <br />(b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, <br />but not limited to, 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 reasonably require to <br />assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by <br />this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or <br />more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's <br />check, 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 />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 of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which <br />will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA <br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other <br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to <br />a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the <br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has <br />breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other <br />party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other pariy hereto <br />a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 4 1 <br />Page 6 of 8 <br />ios, ina Borrower(s) Initials <br />