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201102681
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5/25/2011 8:55:27 AM
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4/7/2011 12:04:36 PM
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DEEDS
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201102681
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2ol�ozssi <br />Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. <br />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 refund <br />by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, <br />the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a <br />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 <br />notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by <br />first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall <br />constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property <br />Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender <br />of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower <br />shall only report a change of address through that specified procedure. There may be only one designated notice address under <br />this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail <br />to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice <br />required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the <br />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 Instrument <br />are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the <br />parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement <br />by contract. In the event that any provision or clause of this Security fnstrument or the Note conflicts with Applicable Law, <br />such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words <br />or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word <br />"may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument. <br />18. Transfer of the Property or a Beneficial lnterest in Borrower. As used in this Section 18, "Interest in the Property" <br />means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a <br />bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by <br />Borrower at a future date to a purchaser. <br />If all or any part of the Property or any tnterest 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 require <br />immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by <br />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 />i�ot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums <br />secured by this Security Instrument. If Borrower fa�ls to pay these sums prior to the expiration of this period, Lender may invoke <br />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 the <br />right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale <br />of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law <br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. <br />'Those conditions are that Borrower: (a) pays Lender all swns which then would be due under this Security Instrument and <br />the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection <br />and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this <br />NEBRASKA—Single Family--Fannie Mae/Freddie Mac UNIFORM INS'TRI�MGN'I' Form 3028 1/01 <br />NEBRASKA-MERS GreatDocs� <br />ITEM 2698L9 (101909) (Page 9 of 13) <br />
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