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201007412
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Last modified
10/8/2010 4:21:22 PM
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10/8/2010 4:21:22 PM
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DEEDS
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201007412
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2oiuu�4i2 <br />If the Property is abandoned by Borrower, or if, after notice by Lender ta Borrower that the Opposing Party (as <br />de�ned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, L�nder is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether <br />or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whorn $orrower has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in farfeiture of the Property or other material impairrr�ent of Leander's interest in the Property <br />or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate <br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />judgznent, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or <br />rights under this Security Instrurnent. 'I"he proceeds of any award or claim for damages that are attributable to the <br />irnpairment 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 of the Frope�ty shall be applied in the <br />order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payrnent or <br />rnodi�cation of amortization of the sums secured by this Security Instrument granted by Lender to $orrower ar any <br />Successor in Interest of Bortower shall not operate to release the liability of Borrower or any Successors in Interest <br />of Borrower. Lender shall not be required to cammence proceedings against any Successor in Interest of Borrawer <br />or to refuse to extend time for payment or otherwise modify amortization oF the sums secured by this Security <br />Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />forbeaz�ance by I.,ender in exercising any right or remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in lnterest of Borrower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />].3. Joint and Several LiabIlity; Co-signers; Successors and Assigns Bound. Borrower covenanis and agrees <br />that Barrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrutnent only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />p�rsonally obligated to pay the sums secured by this Securiry Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this �ecurity <br />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 <br />obligations undet this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights <br />and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreennents of this <br />Security Tnstrurnent shall bind (except as provided in SecCion 2�) and bene�t the successors and assigns of Lender. <br />14. Loan Charges. L.ender may charge Borrower fees for services performed in connection with Borrower's <br />default, for Che purpose vf pratecting Lender's interest in the Property and rights under this Security Instrument, <br />including, but not limited to, attorneys' fees, property inspectivn and valuation fees. In regard to any other fees, the <br />absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be constru�d <br />as a prohibition on the charging of such fee. L,ender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable L,aw. <br />lf the Loan is subject to a law which sets maximum loan charges, and that law is �na11y interpreted so that the <br />intetest ar other loan charges collected or to be callect�d in cannection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the artaount necessary to reduce the charge to the permitted limit; <br />and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br />T_,ender may choase to make this refund by reducing ihe principal owed under the Note or by making a direct payment <br />to Borrower. If a refund reduc�s principal, the reductinn will be treated as a partial prepayment without any <br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of <br />any such refund made by direct payznent to Borrower will constitute a waiver of any right of action Borcower might <br />have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security lnstrurnent shall be deezned to have been given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />rneans. Notice to any ane Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Borrower has designated a subsCiCute notice <br />address by notice to Le�der. Barrower shall promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address <br />through that specified procedure. There may be only one designated notice address under this Security Instruznent <br />at any one time. Any notice to L.ender shall be given by delivering it or by mailing it by first class mail to Lender's <br />address stated herein unless �,ender has d�signated anather address by notice to Borrower. Any notice in connection <br />with this Security lnstrument shall not be deemed ta have been giv�n to Lender until actually received by Lender. <br />If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under tbis Security Instrurnent. <br />16. Governing Law; Severability; Rules of Construction. This 5ecurity Instrument shall be gov�rned by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in <br />this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUM�NI" - MERS <br />Form 302$ 1/01 Page 7 af 1 1 <br />DocMagic �n°ott�r� soo-sas-�asa <br />w w.docmegic.com <br />.� <br />� <br />� <br />Ne302R.mzd.xml <br />
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