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201200541
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1/23/2012 9:28:51 AM
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1/23/2012 9:28:50 AM
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DEEDS
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201200541
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2���Qp��� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modificarion of amortizarion of the sums secured by this S�urity Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or othervvise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original �rrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entiries or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrces that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this <br />Se�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agr�s that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this S�urity Instrument or the Note without the w-signer's <br />consent. <br />Subject to the provisions of S�tion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under tlus S�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agre.ements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower f�s for services performed in connection with Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity <br />Instrument, including, but not limite� to, attorneys' f�s, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fc�. Lender may not charge fees <br />that are expressly prohibited by this S�urity 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 <br />the interest or other loan charges coll�ted or to be collected in conne�tion with the Loan excee� the <br />permitterl limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already collecterl from Borrower which exc,eeded pernutted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bonower. If a refund reflu� principal, the r�ion will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment c�arge is <br />provided for under the Note). Bonower's ac.ceptance of any such refund made by direct payment to <br />Bonower will consritute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instnunent must be in <br />writing. Any notice to Bonower in conn�tion with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Norice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Property Address unless Bonower has <br />NEBRASKA-S(ngle Family-Fannie MeelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br />VMP Q VMPBfNE) (1105) <br />Wolters Kluwer Ffnandal Services Page 11 of 17 <br />
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