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99105730
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Last modified
3/13/2012 5:57:53 PM
Creation date
10/20/2005 11:34:57 PM
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DEEDS
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99105730
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99- ��s�a�► <br /> 12. Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements of this Security <br /> Instrument shall bind and benefit the successors and assigns of Lender and Bonower,subject to the provisions of paragraph 17.Bonower's <br /> covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is <br /> co-signing this Security Instrument only to mortgage,grant and convey that Bonower's interest in the Property under the terms of this Security <br /> Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other <br /> Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note <br /> without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured by this Security Instrument is subject to�law which sets ma�cimum loan charges,and that <br /> law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted <br /> limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums <br /> already collected from Borrower which 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 reduces principal,the reduction will be <br /> treated as a partial prepayment without any prepayment charge under the Note. <br /> 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first <br /> class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address <br /> Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other <br /> address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to <br /> Borrower or Lender when given as provided in this paragraph. <br /> 15. Governing Law;Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in <br /> which the Property is located In the event that any provision or dause of this Security Instrument or the Note conflicts with applicable law, <br /> such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting <br /> provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. <br /> 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or <br /> transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written <br /> consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument.However,this option <br /> shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br /> If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than <br /> 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If <br /> Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument <br /> without further notice or demand on Borrower. <br /> 18. Borrower's Rig6t to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this <br /> Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for <br /> reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment <br /> enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security <br /> Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses <br /> incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may <br /> reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Bonower's obligation to pay the sums <br /> secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Security Instrument and the obligations <br /> secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of <br /> acceleration under paragraph 17. <br /> 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may <br /> be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that <br /> collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer <br /> unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance <br /> with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which <br /> payments should be made.The notice will also contain any other information required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous <br /> Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any <br /> Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of <br /> Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any <br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which <br /> Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other <br /> remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in <br /> accordance with Environmental Law. <br /> As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by <br /> Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and <br /> herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20, <br /> "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or <br /> environmental protection. <br /> NEBRASKA--Single Family--FNMA/FHLMC iJNIFORM INTRUMENT Form 3028 9/90 <br /> (page 4 of 6) lCJ� <br /> ��s,i�� Borrower's Initia���_ <br />
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