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201207974
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Last modified
9/25/2012 3:08:17 PM
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9/25/2012 3:08:16 PM
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201207974
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�01207974 <br />12. BorrowerNot Released;ForbearanceBy LenderNot a Waiver. T:xtt�„i�m <>C th� iirr�e for payment or <br />modification af amortization of the sutns secured by this Security Ins�hnunent grautec) by Leuder to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bor.rower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence procer;ciings again,t any <br />Successor in Interest of Borrower or to refuse to ektend time for payment or otherwise modity amortization <br />of thc sums sccurcd by this Sccurity Instnuncnt by rcasan af any dcmand madc by thc original Borrowcr or <br />any Successors in Interest of Bc�rrower. Any Forbearance hy Lender in exerc:ising any right or rzmedy <br />including, without lunitation, Lender's acceptunce of payments from third persnns, entities or Successore in <br />Interest of $orrower or in amounts less than the amount then due, shall nat be a v�;aiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability;Co-signers;Suacessorsand AssignsBound.Bon•ower covenants and <br />agrees that Borrower's obiigations and liability shall be joint and several. Hawever, any I3arrower who <br />co-signs ttus Security Instrument but does not execuYe the Note (a "co-signer"): (a) is co-signing this <br />Sccurity Instrumcnt only to mortgagc, grant and convcy thc co-signcr's intcrest in thc Property undcr thc <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrnment; and (c} agrees that Lender and any other Borrower can �►gree to extend, modify, forbear or make <br />any accommodations with regard to the tertns of this Security lnstrument or the Nate without the co-signer's <br />consent. <br />Subject to the provisions af Section l8, any Succc;s.�;or in Interest of Borro�ver who assum�s Borrower's <br />obligations under this Security Instrument in writing, and is approv�d by Lender, shall obtain all of <br />Borro�ver's rights and benefits under this Sec�uity Instrument. Bc�rrower shall not be released from <br />Borrowcr's obligations and liability und�r this Sccurity Instrumcnt unlcss Lcndcr a�rccs to such rc:lcasc in <br />-writing. The covenants and agreements of this Security Instrumenf shall bind (escept as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />-14 Loan Charges Lendc;r mxy charg� Burruwer fees liir service, performed in ccmnu:Iion wilh Borrower'ti <br />deFault, for the purpose of protecting Lender's interest in the Property and rights Lu�dcr this Security <br />Instrument, including, but not limitecl to, attorneys' fees, property insprction and valuation fees. In regard to <br />any other fees, the absence of expmss authority in this Security Instrument to charge a spccific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that arc cxpressly prohibitcd by this Sccurity Insttumcnt or by Applicablc Law. <br />If the Loan is subject ta a law which sets maximiun 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 Lcian exceui the <br />permiUec] limils, lhen: (d} any tiuch loan charge shall be reduce;d hy� Ih� ernount ne;c;etitiary ti� r�iuce thc; <br />charge to the peru�ittG�3 limit; a��d (b) any sums already collecteJ from Burrower wLicli exceeded periuitted <br />liuiits will be refiinded to Borrower. Lender may choose to make this refund by reclucing the principal owed <br />under the Note or by making a direct pa}nnent to Dorrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment �vithout any prepayment char�e (whether or not a pr�payment charge is <br />providcd for undcr thc Notc). Borrowcr's acccptancc of any such rcfund madc by dircc:t paymcnt to <br />Borrower crrill constitute a waiver o!' nny right of action Borrower might have arising out of'such overcharge. <br />15. Notices. All notices given by Borro�ver or Lender in connection �vith this Security Instrument must be in <br />wrilin�. Any ner(ice lii &irrower in eemn��tiun wilh Ihis Sc;c:urily lnstrumenl shull he deernccl lo have hee;n <br />given ta Borrower wh�li maile;d by first class mail or when actiially delivcred to F3orrower's notice ad�lress if <br />sent by other meaus. Notice to an}� one Borrowei• shall constitute notice to a(1 I3on•owers unless Applicable <br />Law expressly reyuires otherwise. The natice address shall be thc Prop�rty tlddress unlrss Borrawer has <br />NEBRASKASingle Family-Fannie A1ae/Fraddie Mac UNIFORM INSTRUMEtdT <br />VMP � <br />Woltets Kluwar Financial Services <br />Form 3928'I70'I <br />Vft1P8(NE) (1105).00 <br />Page 11 of 17 <br />1 �� <br />
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