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201106971
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Last modified
10/9/2011 10:52:26 PM
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9/22/2011 9:16:18 AM
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DEEDS
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201106971
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20��0697� <br />other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall <br />not be, construed as a prohibition on the chatging of such fee. Lender may not chatge fees that aze expressly <br />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 <br />that the interest or other loan charges collected or to be collected in connecrion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge sha11 be reduced by the a�unt necessary to reduce the charge to <br />the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. Lender may choose to make this refund b� reducing the principal owed under the Note or <br />by making a direct payment to Borrower. If a refund reduces pruicipal, the reduction will be treated as a partial <br />prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). <br />Borrower's acceptance of any such refund made by direct payment to Borrower wrll constitute a waiver of any <br />right of action Bnrrower might have arising out of such overchazge. <br />13. Notices. All notices given by Borrower or Lender in connection with this Security Instclunent must <br />be in writing. Any notice to Borrower in connection with tlus Securi� Instrument shall be deemed to have been <br />given to Borrower when mailed by first class mail or when actually de 'vered to Borrower's norice address if sent <br />by other means. Notice to any one Borrower shall constitute notice to a11 Borrowers unless Applicable Law <br />expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a <br />substitute norice address by notice to Lender. Borrower shall. promptly notify Lender of Borrower's change of <br />address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only <br />report a change of address tbrough that specified procedure. There may be only one designated notice address <br />under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by <br />mailing it by first class ma.il to Lender's address stated herein unless Lender has designated another address by <br />notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been <br />given to Lender until actually received by Lender. If any notice required by this Security Instrument is also <br />required under Applicable Law, the Applicable Law requireanent will satisfy the corresponding requirement under <br />this Security Insta�ument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed <br />by federal law and the law of the jurisdiction in which the Property is located All rights and obligations <br />contained in this Security Inst�vment are subject to any requirements and limitations of Applicable Law. <br />Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such <br />silence shall not be constnzed as a prohibition against agxesment by conlract. 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 <br />provisions of this Security 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 <br />corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the <br />plural and vice versa; and (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 Beneficial Interest in Borrower. As used in this Section 18, <br />"Interest in the Property" means any legal or beneficial interest in the Properly, including, but not 1'vnited to, those <br />beneficial interests transferred in a bond for deed, conlract for deed, installment sales contract or escrow <br />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 Properly or any Interest m the Property is sold or transferred (or if Borrower is <br />not a natural person and a beneficial interest in Bonower is sold or transferred) without Lender's prior written <br />consent, Lender may require immediate payment in full of all sutus secured by this Security Instrument. <br />However, this option shall not be exercised by Lender if such exercise is �rohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower norice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within <br />which Borrower must �ay all sums secured b� this Security Instrument If Borrower fails to pay these sums prior <br />to the expiration of t�us period, Lender may mvoke any remedies permitted by this Security Instrument without <br />further ttotice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, <br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to <br />the eazliest of: (a) five days before sale of the Properly pursuant to any power of sale contained in this Security <br />Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to <br />reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Bonower: (a) <br />pays Lender all sums wtuch then would be due under this Security Instrument and the Note as if no acceleration <br />had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred <br />in enforcing this Security Insttvment, including, but not limited to, reasonable attorneys' fees, properiy inspection <br />and valuation fees, and other fees incurred for the purpose of protecting Lender's mterest m the Property and <br />rights under this Security Instrvment; and (d) takes such action as Lender may reasonably require to assure that <br />Lender's interest in the Pro�erty and rights under this Security Instrument, and Bonower's obligation to pay the <br />sums secured by this Secunty Inshwnent, shall continue unchanged. Lender may requu'e that Borrower pay such <br />reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is <br />drawn upon an institution whose deposits are insured by a federal agency, instiumentality or entity; or <br />(d) Electronic Funds Transfer. Upon reuistatement 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 <br />apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loaa Servicer; Notice of Grievance. The Note or a partial interest in the <br />Note (together with this Security Instcvment) can be sold one or more times without prior notice to Borrower. A <br />sale migtit result in a change in the enrity (known as the "Loan Servicer") that collects Periodic Pay�nts due <br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the <br />Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelatec� to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written <br />notice of the change which will state the name and address of the new Loan Servicer, the address to which <br />paymants should be made and any other information RESPA requires in connection with a notice of transfer of <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of <br />the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless otherwise provided by <br />the Note purchaser. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac iJNIFORM INSTRUMENT ModiBed Form 30281/Ol (page 7 of 9 pages) <br />22o5o.CV (S/11) 03-1192 Creative Tltinldng, Inc. <br />GOTO(0o2b64f9) <br />
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