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201004648
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201004648
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7/7/2010 2:29:10 PM
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7/7/2010 2:29:09 PM
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DEEDS
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201004648
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<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. of <br />Borrower shall not operate to release the liability of Borrower ar any Successors in Interest of Borrower. Lender shall not. be <br />required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Security Instnrment by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, <br />without limitation, Lender's 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 remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants a.nd agrees dxat <br />Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument <br />but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, rant and convey <br />the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />scans secured by this Security Instrument; and (c) agrees that Lender and any other $prrawer can agree to extend, modify, <br />forbear or make any accommodations with regard to the teens of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject w the provisions of Section ]&, any Successor in Interest of Borrower who assumes Borrower's obligations under <br />this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this <br />Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument <br />unless Lender agrees 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 Borrower's default, for the <br />purpose of protecting Lender's interest in the Property and rights under this Security lnstrument, including, but oat limited to, <br />attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this <br />Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. <br />Lender 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 so that the interest or <br />other loan charges collected or to be collected in connection. with the Loan exceed the permitted limits, tree (a) any such loan <br />charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b} any sums already <br />collected from Borrower which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make this refund <br />by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction. wlil be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a <br />waiver of any right of action Borrower might have arising out of such overcharge. <br />1S. Notices, All. notices given by Harrower or Lender in connection with. this Security Instrument must Bern writing. Any <br />notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed <br />by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower <br />shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the <br />Property Address tmless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, <br />then Borrower shall only report a change of address through that specified procedure. There may be only one designated <br />notice address under this Security lnstrument at any one time. Any notice to Lender shall be given by delivering it or by <br />mailing it by first class mail to Le~~der's address slated herein tmless Lender has designated another address by notice to <br />Borrower, Any notice in connection with this Security Instnnrrent shall not be deemed to have been given to Lender until <br />actually received by Lender. It any notice required by this Security lnstrument is also required under Applicable Law, the <br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />NEBRASKA • Single Family -Fannie MaalFraddie Maa UNIFORM INSTRUMENT <br />®~INE) las~~~ PogeBd14 i~iunis: <br />DDS-NE9 <br />Form 3028 1/01 <br />m'~nm~m~ <br />
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