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201007707
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Last modified
10/19/2010 4:54:33 PM
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10/19/2010 4:54:33 PM
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DEEDS
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201007707
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�o1uo�7o; <br />acceleration has occurred, reinstate as provided in Sectipn 19, by causing the action or proceeding to be <br />disrnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Froperty or other material <br />impairment of Lender's interest in the Prpperty or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's inter�st in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Praceeds 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 Sy Lender Not a Wa►ver. Extension of the time for <br />payment or modification of amortization af the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successar in Interest of Borrower shall not ap�rate to release the liability of Borrower <br />or any Successors in Interest of Borrower. L�nder shall not be required to commence proceedings against <br />any Successor in Interest af Borrower or to refuse to extend time for payment or otherwise rnpdify <br />amortization of the suxns secured by this Security lnstrument by reasan of any demand zxiade by the original <br />Borrower or any Successors in Interest of Borrvwer. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or <br />Successors in lnterest of Sorrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or renr�edy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Baund. Borrower covenants <br />and agrees that Eorrower'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 vf this Securiry Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instniment; and (c) agrees that Lender and any other Borrowar can agree to extend, modify, forbear pr <br />make any accommodations with regard to the terms of this Secuxity Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Sectian 18, any Successor in Interest of Borrower 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 benefits under this 5ecurity Instrument. Borrower shall not be released from <br />Borrower' s obligations and liability under this Security Tnstrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns af Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, includin�, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be canstrued as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security lnstrument 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 other loan charges collected or to ba collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrpwer which exceeded permitted <br />limits will be refunded to Borrower. Lendcr may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction 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 payrnent to Borrower will constitute a waiver af any right of action Borrower might have arising out <br />of such pvercharge. <br />lS. 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 Instrument shall be deemed 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 Barrower shall constitute notice to all Barrawers <br />unless Applicable �aw expressly requires otherwise. The notice address shall be the Property Address <br />unless $orrower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Sorrower' s <br />change of address, then Borrower shall only report a change of address tku'ough that specified procedure. <br />230924 <br />NEBRASKA - 5ingle Family - Fannie M aelFreddia M ac UNIFORM INSTRUM ENT <br />�-B�NE) �oeii� Page 10 of 15 �nitie�s: � Form 3028 1/01 <br />� <br />
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