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201201178
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Last modified
3/19/2012 3:48:16 PM
Creation date
2/15/2012 8:39:27 AM
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201201178
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20�20117� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granterl by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by tlus Security Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Borrower. Any forbearance by I.ender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or pre�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liabil'rty; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Bonower'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 Properiy under the <br />terms of this S�urity Instrument; (b) is not personally obligate� to pay the sums s�urefl by this Security <br />�nstivment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Securiry Instniment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of tlus Security Instrument shall bind (except as provided in S�rion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fces for services performed in connection with Borrower'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 limited to, attorneys' f�s, property inspection and valuation fees. In regazd to <br />any other fe�s, the absence of express authority in this S�urity Instrument to charge a sp�ific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in conn�tion with the Loan exceed the <br />pemutted limits, then: (a) any such loan chazge shall be reducefl by the amount ne�essary to re�uce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exc�eeded permittefl <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal ow� <br />under the Note or by making a direct payment to Borrower. If a refund reduc�s principal, the reducrion will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />provided for under the Note). Borrower's acceptance of any such refund mafle by dir�t payment to <br />Bonower will consritute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All norices given by Bonower or Lender in connection with this S�urity Insnument must be in <br />writing. Any notice to Borrower in conn�tion with this Security Instrument shall be d�med to have been <br />given to Borrower when ma.iled by first class mail or when actually delivered to Bonower's norice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP8INE) (1105) <br />Wohers Kluwer Flnanciai Servicea Page 11 of 17 <br />� � �, A; .. � .. � <br />
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