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201007988
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Last modified
1/11/2011 1:40:50 PM
Creation date
10/28/2010 4:30:20 PM
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DEEDS
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201007988
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2oioo7sss <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar praceeding to be <br />dismissed with a ruling that, in Le.nder's judgm�nt, precludes forfeiture of the Property oar other nnaterial <br />impairment of Lender's interest in the Pmperty or rights under this Security Instrument. The proceeds of <br />any award or clairn for damages that are attributable to the unpairment af Lender's interest in the Property <br />are hereby assigned and shall be paid to I.ender. <br />All Miscellaneous Proceeds 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 Waiver. Extension of the time for <br />payrnent or modification af amortization of the swns secured by this Security Instiument granted by Lender <br />ta B�rrawer or any �ccessor in Interest of Borrower shall not operate to release the liability of Barrower <br />or any Successors in Interest af Borrower. I,ender shall not be required to conunence proceedings against <br />any Successor in Interest of Bonrower or to refuse to extend tixane for payment or otherwise rnodify <br />amartization af the swns secured by this Security Instrument by reason of any demand made by the original <br />Barrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments frorn 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 />pxeclude the exercise of any right or rernedy. <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 Bonower who <br />co-signs this Security Instnunent but does not execute tll� NOtE �S "co-signer"): (a) is co-signing this <br />Security Instrurnent anly to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sunns secured by this Security <br />Instrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />rnake any accommodations with regard to the terms of tt�.is Security Tx�.stniment or the Note without the <br />co-signer's consent. <br />�bject to the provisions of Section 18, any Successor in Interest of Borrawer who assumes <br />Borrower's obligations under this Security Instrument in writing, and is apparoved by Lender, shall obtain <br />all of Sorrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this 5ecurity Instrurnent 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 bene�t the successors and assigns of L,�nder. <br />14. Loan Charges. Lender rnay charge Bonower fees far services perfomied 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, 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 Instrurnent to charge a specific <br />fee to Barrower shall nat be construed as a prohibition on the chazging of such fee. Lender rnay not chazge <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />If the Loan is subject to a law which sets rnaxirnurn loan charges, 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 chazge shall be reduceri by the amount ncccessary to reduce the <br />chazge to the permitted limit; and (b) any suuns already collecte� from Borrower which exceeded permitted <br />limits vvill be refunded to Borrawer. Lender 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 prepayrnent charge (whether or not a <br />prepayxnent 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 overchazge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instnunent <br />must be in writing. Any notice to Barrow�r in connection with this Security Instrument shall be deerned to <br />have been given to Barrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other rneans. 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 Borrower has designated a substitute notice address by notice to Lender. Borrawer shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reparting Borrower's <br />change of address, then Borrower shall only report a change af address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT <br />�-61NE) �oat ii Page 10 of 15 iniciais: �Tl Form 3028 1I01 <br />.x�: p ����� �)t'' °� <br />
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