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201007572
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201007572
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Last modified
10/14/2010 4:45:32 PM
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10/14/2010 4:45:32 PM
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DEEDS
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201007572
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201007572 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or procceding to be <br />dismissed with a ruling that, in �.ender's judgment, pre.cludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Praperty or rights under this Security Instnunent. The proceeds of <br />any award oc clainn for damages ttaat ace attributable ta the impairment of Lender's interest in the Property <br />aze 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 <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payrnent or rnodification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Barrower or any Successor in Interest of Borrower shall not operate to release the liability af Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proccedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment ar otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successars in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />reznedy including, without limitation, I.ender's acceptance of payrnents from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Succa�sors and Assigns Bound. Borrower covenants <br />and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument 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-signer's interest in the Property under the <br />terms af this Security Instrurnent; (b) is not personally obligated to pay the swns secuxed by this Se�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodatipns with regard to the temvs of this Security Instrument or the Note without the <br />co-signer's consent. <br />S�bject to the provisions of Section 18, any Successor in Interest of Bonrow�r who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefts under this Security Instrument. Borrower shall not be released frorn <br />Borrower's obligations and liability under this Security Instrument wriless Lender agrees ta such release in <br />wniting. The covenants and agre.ernents of this Security Instrurnent shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services performed in con�nection with <br />Borrower's default, for the purpose of pratecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, praperty inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instniment to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. I.ender 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 interest or pther loan charges collected ar to be collected in connection with the Loan exceed the <br />penmitte�i limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to tt�e permitted limit; and (b) azry sums already collect� from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reclucing the principal <br />owed under the Note or by making a direct payrnent to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayrnent without any prepayment charge (whecher or not a <br />prepayment charge is provided for under the Note). Borrawer's acceptance of any such refund made by <br />direct paynnent to Borirower will constitute a waiver of any right of action Borrower rnight have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instnunent shall be deemaci to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Bonrower shall constitute notice to all Barrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Praperty Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Bonower's change af address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower sha11 only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) Ioaii) Pa9e io or ie in�c�ais: Form 3028 1(01 <br />� <br />g ���,_ F..;t ��� <br />� <br />
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