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201007876
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10/25/2010 4:28:10 PM
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10/25/2010 4:28:10 PM
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DEEDS
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201007876
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�o�uo�s�s <br />acceleration has occurred, reinstate as provided in Section 19, by causing the actipn or proceeding to be <br />dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material <br />impairnaent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim fpr damages that are attributable ta the impairment of Lender' s interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proce�ds that are not applied to restoration or repair of the Property sk�all be <br />applied in the order provided far in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensian of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrawer <br />or any Successora in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payrnent or otherwise modify <br />arxaortization of the sums secured by this 5ecurity Instrument by reason of any dexnand made by the original <br />Borrower or any Successors in Interest of $orrawer. 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 Interest of Borrower or in arnounts 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; Successors and Assigns Sound. 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 mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrurnent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree ta extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's oblagations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower' s rights and benefits under this Security Instrument. Borrower sha11 not be released from <br />Borrawer's obligations and liability under this Security Instrurttent unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in <br />Section 20) and benefit the successors and assrgns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connectipn with <br />Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Security Instrument, including, 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 charga a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lende�r may nat 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 char�es, and that law is finally 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 such loan char�;e sha11 be reduced by the amount necessary ta reduce the <br />charge to the permitted lirzxit; and (b) any sums already collected from Borrower which exceeded permitted <br />liznits will be refunded to Sorrower. Lender may choose to make this refund by reducin� 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 prepayment without any prepayment charge (whether or not a <br />prepayrn�nt charge is provided for under the Note). Borrower' s acceptance of any such refund made by <br />dicect payment to Borrower will constitute a waiver of any right of action Borrower might have arising put <br />of such overcharge. <br />15. Notices. A11 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 ta any one Borrower shall constitute notice to a11 Barrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Sorrawer sha11 promptly <br />notify Lender o£ 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 of address thraugh that specified procedure. <br />230937 <br />NEeRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUME <br />�-B�NE) (0811) Page 1D of 15 � � Form 3028 ���� <br />� <br />
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