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201201401
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3/19/2012 3:39:14 PM
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2/24/2012 8:38:32 AM
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DEEDS
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201201401
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20�201�0� <br />12. BorrowerNot Released;Forb�aranceBy LenderlVot a Waiv�r. Extension of the time for payment or <br />modification of amofization of the sums secured by 4his Security Insh�ument g�anted by Lender to Boaower <br />or any Successor in Interest of Borrower sball not opetate to release the liability of Bortower or any <br />Successors in Interest of Bortowet. Lender shall not be required to commeace proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otheiwise modifiy amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forb�rance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third pe-rsons, entities or Successora in <br />Interest of Borrower or in amounts Iess than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and S�veral Liability;Co-signers;Successorsand AsslgnsBound.Borrower covenants and <br />agrees that Borrower's obligarions aud liability shall be joint and several. However, any Borrower who <br />co-signs this Secu.rity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing tlus <br />Security Insttvment only to mortgage, grant and convey tlie co-signet's interest in the Ptopetty uader the <br />terms of this S�urity Inshvment; (b} is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forb�r or make <br />any accommodations with regard to the terms of this Security Inshument or the Note without the co-signer's <br />consent. <br />Subject to fhe provisions of Secrion 18, any Successor in Interest of Borrower who assumes Botrower's <br />obligations under this Security Insttument 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 &om <br />Borrower's obligations and liability under this Security Inshwnent unless Lender agrees to such release in <br />writing. The covenants and agreements 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 Borrower fees for services petformed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Secutity <br />Insirument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to <br />any other fees, the absence of express authority in this S�urity Instrument to charge a specific fee to <br />Borrower shall ttot be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />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 <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the <br />charge to fhe permitted limit; and (b) any sums already couected from Boaower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct paytnent to Bortower. If a refund reduces principal, the reducrion will <br />be treated as a partial prepayment without any prepayment chatge (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 <br />Bortower wilt constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Bortower or Lender in connection with this Secutity Instivment must be in <br />writing. Any notice to Borrower in connecrion with this S�vrity Ia4tritment shall be deemed to have been <br />given to Bortower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Boaower 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 />NEBRASKASingle Family-Fennie Mee/Fretlqie Mac UNIFORM INSTRUMENT Form 3pZg ��p� <br />VMP @ VMPB(NE) (1106).00 <br />Woitera Kluwer Flnanciel 3ervices Pega 11 of 17 <br />C � <br />
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