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200207637 <br />LOAN #, 625339607 <br />Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that <br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a rightofaaion in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is began that, in Lender's judgment, could <br />result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security <br />Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the <br />action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture ofthe Property or other material <br />impairment of Lender's interest in the Property or rights under this Security lnstrument. The proceeds of any award or claim for <br />damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order provided <br />for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest ofBorrower <br />shall not operate to release the liability ofBorrower or any Successors in Interest ofBorrower. Lender shall not be required to commence <br />proceedings against any Successor in Interest ofBorrower or to refuse to extend time for payment or otherwise modify amortization <br />ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or my Successors in Interest <br />of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not <br />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. Borrowercovenants and agreesthat Borrower's <br />obligations and liability shall bejoinl and several. However, any Borrower who co-signs this Security Instrument but does not execute <br />the Note (a "co-signer-) : (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in <br />the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security 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 Borrower's obligations under this <br />Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security <br />Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender <br />agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section <br />20) and bend the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the <br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, <br />attorneys' fees, properly inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security <br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not <br />charge foes [hat 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 so that the interest or other <br />loan charges collected or lobe w1lecled in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall <br />be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lendermay choose to make this refandby reducing theprineipal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial <br />prepayment withoul 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 Borrower might <br />have arising out of such overcharge. <br />15. Not ices. All noticesgivenby Borrower or Lenderinconnectionwitht his Security Instrumentmust bein writing. Anymnice <br />to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class <br />mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute <br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall betheProperly Addressunless <br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's <br />change of address. if Lcnder specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a <br />change ofaddress through that specified procedure. There maybe only one designated notice address underthis Security lnstrument <br />at any one lime. Any Police to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated <br />herein unless Lander has designated another address by notice to Borrower. Any won cc in connection with this Security Instrument <br />shall not be deemed to have been given to Lender until actually received by Lender. Ifany notice required by this Security Instrument <br />is also required under Applicable law, the Applicable Law requirement will satisfy the corresponding requirement under this <br />Securily instrument. <br />16. Governing Law; Severability; Rules of Construct ion. This Security Instrument shall be governed by federal law and the <br />law of lhejurisdiction in which the Properly is located. All rights and obligations contained in this Security Instrument are subject <br />to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by <br />coulmet or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that <br />any provision or clause of This Security Instrument or the Note conflicts with Applicable law, such conflict shall not affect other <br />provisions of (his Security Instrument or the Note which can be given effect without the conflicting provision. <br />As Used in this Security instrument (a) words of the masculine gender shall mean and include corresponding neuter words or <br />words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" <br />gives sole discretion without any obligation to lake any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" <br />means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond <br />for deed, contract for deed, installment sales contract or escrow, agreement, the intent of which is the transfer of title by Borrower <br />at a future dale to a purchaser. <br />If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and <br />abcacfncial interest in Borrower's soldor transferred) withoutLender 'spriorwrittenconsenl, Lender mayrequireimmedialepayment <br />in full of all suns secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is <br />prohibited by Applicable Law. <br />if Lcnder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br />than 30 days from [tic dale the notice is given in accordance with Section 15 within which Borrower must pay all suits secured by <br />NERRASKA— Single F—il, F..k M.0Freddi, Mer. UNIFORM INSTRUMENT Initials e <br />Form 30391101 Page 6 of 8 F D <br />