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201508440
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5/17/2016 12:56:39 PM
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12/14/2015 4:16:47 PM
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201508440
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201508440 <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest <br />in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br />in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the <br />time for payment or modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release <br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to <br />commence proceedings against any Successor in Interest of Borrower or to refuse to extend time <br />for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. <br />Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or <br />remedy. <br />13. Joint and Several Liability; Co signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, <br />any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): <br />(a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without the co- signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall <br />obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be <br />released from Borrower's obligations and liability under this Security Instrument unless Lender agrees <br />to such release in writing. The covenants and agreements of this Security Instrument shall bind (except <br />as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation <br />fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge <br />a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender <br />may not charge fees 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 <br />so that the interest or other loan charges collected or to be collected in connection with the Loan <br />exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary <br />to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment <br />charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance <br />of any such refund made by direct payment to Borrower will constitute a waiver of any right of action <br />Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be <br />deemed to have been given to Borrower when mailed by first class mail or when actually delivered <br />to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute <br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall <br />be the Property Address unless Borrower has designated a substitute notice address by notice to <br />Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies <br />a procedure for reporting Borrower's change of address, then Borrower shall only report a change of <br />address through that specified procedure. There may be only one designated notice address under this <br />Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing <br />it by first class mail to Lender's address stated herein unless Lender has designated another address <br />by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to <br />have been given to Lender until actually received by Lender. If any notice required by this Security <br />Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the <br />corresponding requirement under this Security Instrument. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Forrn 30281/01 <br />VMPO 10/2015 <br />Wolters Kluwer Financial Services 2015121015.3.0.3355- N20151109N Page 8 of 12 <br />
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