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201204765
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6/15/2012 8:38:43 AM
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6/15/2012 8:38:43 AM
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201204765
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2�120476� <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 granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. I.ender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />any Suc,cessors in Interest of Bonower. Any forbeazance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, enrities 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 />agrees that Borrower's obligarions and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this S�urity <br />Instrument; and (c) agrces that Lender and any other Bonower can agree to extend, modify, forhear 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 />Subje�t to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Se,curity Instrument. Bonower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agre�s to such release in <br />writing. The covenants and agr�ments of this Security Instrument shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of L,ender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in conne�tion with Borrower's <br />default, for the purpose of prot�ting L�nder's interest in the Property and rights under this Security <br />Insmiment, including, but not limited to, attomeys' fees, properiy inspecrion and valuation fees. In regard to <br />any other fees, the absence of express authority in this S�urity Instnunent to charge a spe,cific f� to <br />Borrower shall not be construed as a prohibirion on the charging of such f�. Lender may not charge f�s <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 chazges, 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 exc,eed the <br />permitted 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 collected from Borrower wluch exceeded germitted <br />limits will be refunded to Bonower. Lender may choose to make tius refund by reducing the principal owefl <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepaymern without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Bonower will constitute a waiver of any right of action Bortower might have arising out of such overcharge. <br />15. Nofices. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Securiry Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice 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 Bonower has <br />NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UN�FORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1l01 <br />VMPB(NE) (1105) <br />Page 11 af 17 <br />i � <br />,h 1 , � , .-� <br />
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