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201007820
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Last modified
1/11/2011 2:34:53 PM
Creation date
10/22/2010 3:52:01 PM
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DEEDS
Inst Number
201007820
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2oioo�s�o <br />acceleration has occurred, reinstate as provid�i in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of I.ender's interest in the Property or rights under this Security Instnunent. "T"he proceeds of <br />any award or claim for damages that aze attributable to the irnpairment of Lender's interest in the Property <br />are 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 provid� for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for <br />payrnent or rnodificatian of amnrtization af the swns secur�d by this Security Instrument granted by Lender <br />to Borrower or any �ccessoar in �nterest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Bonower. Lender shall not be requiretl to cornrnence proccedings against <br />any Success�r in Interest of Borrower or to refuse to extend time for payment or oth�rwise modify <br />amortization of the swms secur�i by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />reznedy including, without limitation, Lender's acceptance of payments fronn third persons, entities or <br />Successors in Interest of Borrower or in arnounts less than the arnount 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-sigpers; Saccessors and Assigns Bound. Bonower covenants <br />and agrees that �orrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />ternas of this Secuxity Instrument; (b) is not personally obligated to pay the swns secured by thas Security <br />Instrument; and (c) agrees that I.,ender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the temns of this Security Instrurnent or the Note without the <br />co-signer's consent. <br />�bj�t to t�e provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by I..ender, shall obtain <br />all of Borrower's rights and bene�its under this Security Instrurnent. Borrower shall not be released frorn <br />Borrovver's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instnunent shall bind (excepc as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. I,ender may charge Borrower fees for searvices 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 Instrurnent, including, but nat limited to, attorneys' fees, property 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 nat be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subje�t to a law which sets maximum loan chaz�es, and that law is �nally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with tl�e Laan excsed the <br />pernutt� lizruits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted limit; and (b) any sunns already collected frorn Borrower which excceded pernutted <br />limits will be refunded to Borrower. Lender rnay choose to make this refund by reducing the principal <br />owed under the Note or by rnaking 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 payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrurnent <br />rnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Barrawer when mailed by first class mail or when actually deliv�red to Boz�z�ower's <br />notice address if sent by other meaz�.s. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrawer has designated a substitute notice address by notice to x.ender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change af address through that speci�ed procedure. <br />NE6RASKA - Single Family - Fannie Maa/Freddia Mac UNIFORM INSTRUMENT <br />�-B�NE) (0811) Page 10 of 15 inniais: Form 3028 1/01 <br />. . � ; �� F �! , �� ' i ` � <br />� y <br />� <br />
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