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200300575
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Last modified
10/15/2011 2:27:14 PM
Creation date
10/21/2005 3:53:08 PM
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DEEDS
Inst Number
200300575
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200300575 <br />Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are <br />attributable to the hnpairrrlent of Lender's inter eat 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 in <br />the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment <br />or modification of amortization of the sums seemed by this Security Instrument granted by Lender to Borrower or <br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in <br />Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of <br />Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. 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 amounts less than the <br />amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this <br />Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument (b) is <br />not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this <br />Security Instrument or the Now without the co- signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's <br />rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and <br />liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and <br />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 Security <br />Instrument, including, but not limited to, attorneys fees, property inspection and valuation fees. In regard to any <br />other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not <br />be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited <br />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 so that <br />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 change shall be reduced by the amount necessary to reduce the charge to the permitted <br />limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to <br />Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a <br />direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment <br />without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's <br />acceptance 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 must be <br />in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given <br />to Borrower when mailed by first class mail or when actually delivered to Borr'ower's notice address if sent by other <br />means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly <br />requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute <br />notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change <br />of address through that specified procedure. There may be only one designated notice address under this Security <br />Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail <br />to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice <br />in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received <br />NEBRASKA — Single Family— Fmmie Ma reddle Mae UNIFORM INSTRUMENT <br />� Form 30281111 (page 9of13pages) <br />W IoNEOPRL0111'.18 PM BOrtOwer Inir lY V�� <q'{�.y � <br />@- 01 /e9 /V]439 AM <br />
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