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201007879
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Last modified
10/25/2010 4:35:29 PM
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10/25/2010 4:35:28 PM
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201007879
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2Q1007879 <br />acceleration has occurre�, reinstate as pravided 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 otk�er material <br />impairment of Lender's interest in the Property or rights under this Security Tnstnunent. The proce�ds of <br />any awazd or claim for damages that are attributable to the impairment of Lender's incerest in the Property <br />aze hereby assigned and shall be paid to Lender. <br />All Miscellaneous Procesds that are not applied ta restoration or repair of the Property shall be <br />applied in the oxder provided for in Sectian 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 Instrurnent granted by Lender <br />to Bonrower ar any Successor in Interest of Borrower shall not operate to release the liability of Borrpwer <br />ar any Successors in Interest of Borrower. Lender shall not be required to cammence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise rnodify <br />amartization of the sums secured by this Security Instrurnent by reason of any demand made by the original <br />Borrower or any �ccessors in Interest of Borrawer. Any forbearance by Lender in exercising any right or <br />reznedy including, wikhaut limitatian, Lender's acceptance of payrnents frotn 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 Bound. Borrower covenants <br />and agrees that Borcower'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 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 Se�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbeaz or <br />make any accommodatians 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 Borrawer who assunnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bene�ts under this Security Instrument. Borrower shall not be released from <br />Boxrower's obligatians and liability under this Security Instrurnent unless Lender agrees tv such release in <br />writing. The covenants and agreennents of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lend�r. <br />la. Loan Charges. Lender rnay chazge Borrower fees for services performed in conn�ection 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 charge a specific <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. I.ender rnay not charge <br />fees that are expressly prahibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets nnaxixnum loan charges, and that law is �mally interpreted so <br />that the interest or other loan charges collected or to be collecte� in cannection with the Loan exceed the <br />permitted lirnits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the permitted lirnit; and (b) any sums already collected from Borrower which exceeded pez�nitted <br />limits will be refunded ta Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note ar by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayrnent charge (whether or not a <br />prepayment charge is provided for under the Nate). Barrower's acceptance of any such refund made by <br />direct payrnent to Borrower will cornstitute a waiver of any right of actian Bonower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connectian with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instnunent shall be deemed to <br />have been given to Bonrower 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 Borrower shall constitute notice to all Borrowers <br />unless Applicable L,aw expressly requires othcrwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Boarrower sha11 promptly <br />notify I.ender 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 of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddia Mac UNIFORM INSTRUMENT <br />�-61NE) �oat tl Paga 10 of 15 i��t�ais: Form 3028 1/p1 <br />� <br />, �� ; tl 1 .` ! .. t� <br />
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