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201202967
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4/17/2012 8:56:51 AM
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4/17/2012 8:56:50 AM
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201202967
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�0120���� <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 S�urity Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liabiliry of Bonower or any <br />Successors in Interest of Bonower. 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 this S�urity Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender 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 Borrower or in amounts less 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 Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agr�s that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Properiy under the <br />terms of this Se�uriry Instrument; (b) is not personally obligated to pay the sums s�ured by this Security <br />Instrument; and (c) agrces that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of S�tion 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instniment in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in Section <br />20) and benefit the suc.cessors and assigns of L,ender. <br />14. Loan Charges. Lender may chazge 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 Se�urity <br />Instrument, including, but not limited to, attomeys' fees, properly inspecrion and valuation fees. In regazd to <br />any other fees, the absence of express authority in this S�urity Instrument to chazge a sp�ific fee to <br />Borrower shall not be construefl 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 subj�t to a law which sets maximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collectefl or to be collected in connection with the Loan exceed the <br />germitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceederl permitted <br />limits will be refunded to Bonower. Lender may choose to malce this refund by reducing the principal owed <br />under the Note or by making a dir�t payment to Bonower. If a refund reduces prineipal, the rerluction will <br />be treatefl as a partial prepayment without any prepayment chazge (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 />Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. IVotices. All notices given by Bonower or Lender in conne,ction with this Security Instivment must be in <br />writing. Any notice to Bonower in conn�tion with this Security Instrument shall be d�med to have b�n <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Norice to any one Bonower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Fr�idie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP 0 VMPB(NE) (1105) <br />Wokers Kluwer Financial Services Page 11 of 17 <br />
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