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201005446
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201005446
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Last modified
8/3/2010 4:37:53 PM
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8/3/2010 4:37:51 PM
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DEEDS
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201005446
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201OU5446 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, iri Lender's ,judgrrrerrt, precludes forfeiture of the Propert"y cir other material <br />impairment of Lender's interest iri the Property or rights under this Security lnstrunieiit:'The proceeds of <br />any award or claim for damages that are atlrihutahle to the: impairment of Iender's interest. in the Property <br />are hereby assigned and shall he paid ko I,e:nde:r. <br />All Miscellaneous Proceeds that are not applied ko restoration or repair of tkre Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Releaticd; Forbearance By Lender Not a Waiver. l:xtensicin cif' the time for <br />payment nr modification of ar'rrorlization of the sums secured. by this Security Instrument granted by Lender <br />to Borrower or any Successor irr Interest of Borrower shall not. operate to release the. liability of Borrower <br />ur any Successors in Interest of Borrower. L,errder shall Trot be required to commencei prtrccedings against <br />any Successor in lntcresl of Borrower or to refuse Lo extend tlme for payment i5r titherwise modify <br />amortization nl° the suers secured by this Security Instrument by reason of arry demand riiade by the original <br />Hnrrowcr ur any Successors irr Irrleresi of Burrower. Any furbeararrce by Lender in exercising any right or <br />remedy including, without linxitatiurr, l,cnder's acceptance of payments frorrr third. persons, entities or <br />Successors in Interest of Borrower or iu ari~ounls less than the unu7unt lhcn due, shall r7cit he a waiver of or <br />preclude ttre exercise of arry right or rerrredy. <br />13..Toint and Several T.~iability; Co-Signers; Successors trod A.tisignti Bannd: 1~3irruwer covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, atly Borrower who <br />co-signs this Security Instrur7rerrt but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-siguer's inlcrest in the T'rciperty under the <br />terms of this Security Instrument; (h) is oat parscirrally ohligalad to pay the sums sei;titred by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, iiic)dify, forbear or <br />rrrake any acconrrnodations with regard to the terms of this Security Instnrment or the Ncite without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borroevc"r who assumes <br />Borrower's obligations under this Security Inskruu~enl in writing, and is approved by I.e:ndcr, shall obtain <br />all of Borrower's rights and bcnet'ils under Ibis Sccuriky Instrument. Borrower shall ncil be released from <br />Borrower's oblrgatiurrs and liability under this Security Irrstrrrrnent unless Fender agrees to such release in <br />writing. T'kre covenants arxd agreements of this Security Instrument shall bind (exce~it as provided in <br />Section 2Q) and benefit Ihe: successors and assigns of bender. <br />14. )Loan Charges, Lender may charge Borrower fees for services performed iii cdnnection with <br />Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspectii~n and valuation fees. <br />In regard to any other fees, tlzc absence: of express authority in this Security Instrument tc7 charge a specific <br />fete to Borrower shall not be construed as a prohibition err the charging of such fee. Len'de'r may not charge <br />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 <br />that the intcresl or otlrc:r lnarr charges collected or to hu u7llccted in connection with the; bcian exceed the <br />permitted limits, there; (a) arry such loan charge shall he reduced by the arrrount necessary to reduce the <br />charge to Clre permitted IirrriC; and (b) ar7:y sums already collected from Borrower whicli exceeded permitted <br />lirniks will he refur~dcd to Bc,7rrnwcr. I,cndc;r may choose to rrrake this refund by rcdi:lcing the principal <br />owed under khe Nolc or by making a direct paymcul to Borrower. 11' a refund rcduccs principal, the <br />reduction will be treated as a Iiartial prepayrrrent without arry prepayment charge (whether or oat a <br />prepayment charge is provided 1'or under Ctre Notej. Horrower's acceptance c7f any suala refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower n7iglit have arising out <br />of such overcharge. <br />15. Notices, All notices given by Borrower or Lender irr connection with this Security Instnrment <br />muss be in writing. Arry notice to Borrower in connection with Phis Security lnstrurne;rzt slial.l be deemed to <br />have been given to Borrower when rrrailed by t'irst class mail or when actually delivered to Honrower's <br />notice address if seat by ntlier means. Notice to arry one Hnrrnwer shall constitute ri6ticc to all Harrowers <br />unless Applicable I,aw expressly requires nlherwise. 'the nc.7licc address shall be the property Address <br />uriless Borrower has designated. a substitute notice address by nollcc to bender. Horrriwcsr shall promptly <br />notify I.cndcr of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's <br />Change: nt address, then Harrower shall only report a change of address through that specified procedure. <br />IVFHRASKA -Single Family -Fannie MaslFreddis Mac UNIFt]RM INSTRUMENT <br />-6(NE) Ios7~1 Page t0 of 15 inieiais: ~~ Form 3028 1/01 <br />
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