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201208103
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9/28/2012 8:31:56 AM
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9/28/2012 8:31:55 AM
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201208103
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�0�208�0; <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 s�ured by this Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proccedings against any <br />Suc,cessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security 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 pr�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower 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 Insmxment but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Securiry Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instiument; (b) is not personally obligatefl to pay the sums s�urefl by this 5�urity <br />Instrument; and (c) agr�s that Lender and any other Borrower 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 Section 18, any 5uccessor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instnunent in writing, and is approve� by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Bonower's obligarions and liabiliry under this Security Instrument unless Lender agreES to such release in <br />writing. The covenants and agreements of this Security Insnvment shall bind (except as providerl in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower fees for services performed in connecrion with Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Se,curity <br />Instrument, including, but not limited to, attorneys' f�s, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Borrower shall not be construefl as a prohibition on the charging of such fee. Lender may not charge f�s <br />that are expressly prohibiterl by this Security Instrument or by Applicable L.aw. <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 chazges collecte� or to be collected in connecrion with the Loan exc.ced the <br />permitted limits, then: (a) any such loan charge shall be refluced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which excceded gemutted <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 dir�t payment to Borrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment 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 consritute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in conn�tion with this 5ecurity Instrument must be in <br />writing. Any notice to Borrower in conn�tion with this 5ecurity Instrument shall be d�med to have b�n <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice addtess if <br />sent by other means. Notice to any one Borrower shall consritute notice to all Bonowers unless Applicable <br />L,aw expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT Farm 3028 1/O7 <br />VMP Q VMP61NE1 (11051 <br />Wolters Kluwer Financial Services Page 11 of 17 <br />
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