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201007694
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Last modified
10/19/2010 3:24:38 PM
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10/19/2010 3:24:37 PM
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DEEDS
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201007694
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2oioo�s94 <br />disrnissed with a ruling that, in Lender's jndgment, precludes forfeitnre of the Property or other material <br />impairment of Lender's interest in the Property or rights under this SeCUrity Instrument. T"he proceeds of <br />any award or claim for damages that are attrihntable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Prnceeds that are not applied to restnration 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 af the time for <br />payment or n►odificadon of amortization of the sums secured by this Security Tnstrument granted by Lender <br />to Barrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any 5uccessors in Interest of Borrower. Lender shall not he required to commence proceedings against <br />any Successar in Interest of Borrower or to refuse ko extend time for payment or otherwise modify <br />amortization of the sams secured by this Security Instrument by reasan of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forhearance by Lender in exercising any right or <br />remedy inclnding, without limitatian, J.,ender's acceptance of payments frorn third persons, entities or <br />5uccessors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise af any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower'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 rnortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Secnrity Instrument; (b) is not personally obligated to pay the sarns secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, naodify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument oc the Nate without the <br />co-si ner's consent. <br />�ubject to the provisions of Section 18, any 5uccessor in Interest of Borrower who assumes <br />Borrower's ahligations under this Security Instrurnent in writing, and is approved by Lender, shall obtain <br />all of Sorrower's rights and benefits ander this 5ecurity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this 5ecurity Instrument anless Lender a rees to such release in <br />writing. The covenants and agreernents of this Security Instrument shall bind �except as provided in <br />5ection 20) and 6ene�t the successors and assigns of Lender. <br />14. Laan Charges. Lender may charge Borrower fees for services perforrned in connection with <br />Borrower's default, for the purpose of prvtecting Lender's interest in the Property and rights under this <br />Secprity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence nf express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition nn the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument nr by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is �nally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any sach loan charge shall be rednced by the amaunt necessary to reduce the <br />charge to the permitted lirnit; and (b) any sums already callected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under khe Note or by making a direct payment to Borrower. If a refund rednces principal, the <br />rednction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />o£ such overcharge. <br />15. Notices. All notices given by Borrnwer or Lender in connection with this 5ecurity Instrument <br />miust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed ta <br />have been given to Borrower when mailed by first class mail or when actually delivered to Sorrower's <br />natice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly reqaires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prornpdy <br />notify Lender of Borrawer's change of address. If Lender specifies a procedure for reporting Bnrrawer's <br />change of address, then Bnrrower shall only report a change af address through that specified procedare. <br />Op1122166041 CitiMortgage 3.2.41.05 V3 <br />NEBFtASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMBJT WIT,kJ �IERS � <br />�-6A(N� (oelo) Page l0 of i5 Inicials��� �_ prm 3028 1/07 <br />
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