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201108105
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Last modified
10/31/2011 3:24:21 PM
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10/31/2011 3:24:20 PM
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DEEDS
Inst Number
201108105
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2o1ios�o5 <br />other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall <br />not be construed �s a prolubition on the charging of such fee. Lender u�ay not charge fees that are expressly <br />pro3ubited by this Security Instrument ar by Applicable Law. <br />If the Loan is suUject to a law which sets �ximum loaa cbarges, and tl�at law is finally interpreted so <br />�at the interest or other loan charges collected or to be coilected in connection with the Loan e�cceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the a�unt aecessary to reduce the char to <br />the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits wi�be <br />refunded to Borrower. Lender �y choose to make this refund by reducing thepnncipal owed under the Note or <br />by making a direct payment to Boxrower. If a refund reduces pnncipal, the reduction will be treat� as a partial <br />prepayment without any prepayarent charge {whether or not a prepayment charge is provided forunder the No#e). <br />Bonower's �cceptance of any such refuad made by direct paymeat to Borrower will constilute a waiver of any <br />right of actian Bortower might have arising out of such avercharge. <br />15. Notices. All notices given by Borrawer or Lender in cona�tion witli this Seciuity Iust�u�nt must <br />be in writing. Aay notice ta Borrower in cannectian with this Security Insirument shall be deenied to have b�n <br />g�ven to Borrower when �iled by first class �il or when acivally delivered to Borrower's notice address if sent <br />by other means. Norice to any one Borrower shall constitute not�ce to all Borrawers unless Applicable Law <br />expressly requires otherwise. The notice address shall be the Property Address unless Bonower has designated a <br />substitute notice address by notice to Lender. Borrower shall pron�ptly notify Lender of Bonower's change of <br />ad�ess. If Lender specifies a pracedure far reporting BoYrower's change of address, then Borrower shall only <br />report a change of address through that sgecified procedure. There �y be anly one designated notice address <br />under this Seci�rity Instrument at any one time. Any notice to Lender shall be given by delivering it or by <br />mailing it by first class �.il to Lender's address stated herein unless Lender has designated another address by <br />notice ta Borrower. Any nofic� ia connection with this S�urity Instruu�nt shatl not be deeuied to have been <br />given to Lender until actually r�eived by I.ender. If any aotice required by this Security Instru�nt is also <br />required uader Applicable I.aw, the Applicable I.aw requir�nent evill satisfy the corresponding requirement under <br />this Security Instrumen� <br />16. Governing Law; Severability; Rales of Construction. This Security Inst�ument shall be govemed <br />by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatians <br />coatain� in this Security Inslni�nt are suLa'�t to any requirements and limitations of Applicable Law. <br />� plicable Iaw might exphcrtly or implici#ly allow the partYes to agree by contract or it might � silent, but such <br />si ence sha.11 not be construed as a prohibition against agreement by contract In the event that any provisioa or <br />clause of this Security Instrument or the Note conflicts with Applicable I,aw, such canflict shall not aff�t ot�r <br />provisions of this Security Iusttwx�at or the Note which can be given effect without the contlicting pravisian. <br />As used in this Security Instrument: (a) words of the masculine gender sha11 mean and include <br />conesponding neuter words or words of i�e feminine gender; (b) words in the singular sha11 �an and include the <br />plural and vice versa; and (c) the word "u�y" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Bonower shall be givea oae copy of the Note and of tlus Security Instnmient. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, <br />"Interest in the Properiy" means any legal or beneficial interest in the Pr , mciuding, but not limited to, dlose <br />beueficial iaterests transferred in a boad for deed, coniract for de�tallmeut sales cantract or escrow <br />agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. <br />If atl or any gart of the Property or any Interest m the Property is sold or taansferred (or if Borrower is <br />not a natural person and a b�eficial interest in Borrow� is sold or transferred) without Lender's priar written <br />consent, Lender �y require immediate gayment in full of all sums secured by fihis Security Instrument. <br />However, thisoption shall not be exercised by Lender if such exercise is prohibited by Applicable I,aw. <br />If Lender exercises ttus aption, I,ender shall give Borrower noUce of acceleration. The notice shall <br />pmvide 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 by this Security Instrument If Borrower faiLs to pay these s�ns prior <br />to the expiration of th�s period, Lender �y mvoke any remedies permitted by this Security Instrument without <br />further notice or demand on Borrower. <br />19. Borrower's Right to Reiastate After Acceleratian. If Brnrower m�ts certain conditions, <br />Borrower shall have the right to have enforcement of this Security Instcv�at discontinued at any time prior to <br />the earliest of: (a) five days befare sale of the Property pursuant to any power of sale contained in this Security <br />Inst�ument; (b) such other period as Agplicable Law might specify for the terminatian of Barrower's right to <br />reinstate; or (c) entry of a judgment enforcing this Security Insmiment. Those conditions are tli�t Borrower: (a) <br />pays Lender a11 sums w}uch 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 crovenants or agreeinents; (c) pays all expenses incurred <br />in enforcing this Security Instrument, includiag, but not limited to, reasonable at�omeys' f�s, pro�x,�rty inspection <br />and valuation fees, and other f�s incurred for the puzpo� of prot�ting Lender's mterest m the Praperty and <br />rights under this Security Instn�ment; and {d) takes such action as Leader �y reasonably require to assure that <br />Lender's interest in the Properly and rights under this Security Instrument, and Bonower's obligation to pay the <br />suu�s secured by this S�unty instrument, shall cantinue tmchanged. Lender �y r�wr e that Borrower pay such <br />reinstatemeat sums and ex�nses 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 institutioa whose degosits are insured by a federal a�ency, inslrumentality or entity; or <br />(d) Electronic Funds Transfer. Upon reuvstate�nthy Bairower, this Se,ciuzty Insirument and obligations secured <br />hereby shall remain fully effective as if no aaceleration had occurred. However, this right to reinstate shall not <br />apply in the c�,se of accsletatioa under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial mterest in the <br />Note (together with this Securiiy Instru�at) can be sold one or more times without prior aotice to Borrower. A <br />sale might result in a change in the entity (tmown as the "Loan Servicer") that collects Periadic Pay�nts due <br />under the Note and this Security Instrument and perfarms other mortgage loan servicin$ abligations under the <br />Note, this Secun'ty Ins�nt, and Applicable Law. T'here also might be one or more changes of the Loan <br />Servicer unrelatec� to a sale ofthe Nate. If there is achange ofthe Loan Servicer, Borrawer will be given writtea <br />natice of the change which will state the na� and address of the new Loan Servicer, the address to wtuch <br />paymeats should be �de and any other information RESPA requires in connection with a notice of transfer of <br />serviciag. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other thaa the purchaser of <br />the 1Vote, the rc�rtgage loan servicing obligations to Borrower will re�in with the Loan Servicer or be <br />transferred to a successor Loan Senricer and are not assumed by the Note purchaser unless otherwise �ovided by <br />the Note purchaser. <br />NEBRASKA—Single Family—Faonie Mae/Freddie Nfac iTNIFORM IN3TRUMENT Modi�ed Form 3028 UQl (page 7 of 9 poges) <br />2zoso.cv (8/r i) 1a-162s Creative Thioldng, Inc. <br />C.OT�W2c7e7d} <br />
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