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201008125
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201008125
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11/2/2010 2:54:44 PM
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11/2/2010 2:54:43 PM
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201008125
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2010Q8125 <br />Successor in Interest af Borrower shall not oparate to release the liability of Borrower ar any Successors in Interest <br />of Borrower, Lender shall not be required to oommence proceedings against any Successor in Int�rest of Borrower <br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Seaurity <br />Instrument by reason of uny demand made by the ori�inal Borrower ar any Successors in Inlerest af Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in Interest af $orrower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise af any right or ramedy. <br />13. Joint and Several Liability; Co-signer;v; $ucccssors and Assl�tts Bound. �arrawer covenants and agrees <br />that Borrower' s obligatians and liability shall be joint and several. Hawever, any Borrower wha co-signs this Security <br />Instrument but does not execute the Note (a "ao-signer"): (a) is co-signing this Seaurity Instrument only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally ohligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, madify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note withaut the aa-signer's consent. <br />Subject to the provisions of Section 18, any Successar in Interest of Borrower wha assumes $orrower's <br />obligations under this Securiry Instrument in writing, and is appraved by Lender, shall obtain all of Borrower' s rights <br />and benefits under this Security Instrument. Borrower shall nat be released from Borrower' s abligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of'this <br />Security Instrument shall bind (except as provided in Seatian 20) and benefit the successora and assigns oF Lender. <br />14. Loan Charges. Lender may chargc Borrower fees for serviaes performad in connectian with Borrower's <br />default, for the purpase oF protacting Lender's interest in the Property and rights under this Security Instrument, <br />including, but not limited to, attorneys' fees, property inspectian and valuation fees. In regaxd to any other fces, the <br />absence af express authority in this Security Instrument to charge a specific fee ta Borrower shall nnt be construed <br />as a prohibition on the charging of such fee. I,ender may not charge fees that are expressly prohibited by this Seaurity <br />Tnstrunnent or by Applicable Law. <br />If the Loan is subject to a 1aw which sets maximusn loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charga to the permitted limit; <br />and (b) any sums already collected fram Barrower which axceeded permitted limits will be refunded to Barrower. <br />I.,ender may chonse to make this refund by reducing the principal owed under the Note or by making a direct payment <br />ta $arrower. IF a refund reduces principal, the reduction will be treated as a partial prepayment without any <br />prepayment charge (whether ar not a prepayment charge is provided for under thc Note). Borrawer's acceptance of <br />any such refund made by direct payment to Borrower will constitute a waiver of any rigtat af action Borrower might <br />have arising out of such overcharge. <br />1S. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in c�nnectian with this Security Instrument shall be deemed to have been given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notioc address if sent by other <br />means. Notice to any one Borr�wer shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notic� address shall Ue the Properry Adciress unless Borrower has designated a substitute notice <br />address by notice to Lender. Barrower shall promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reparting Borrower's change of address, then Barrower shall only report a change of address <br />through that specified procedure. There may ba only one designated notice address under this Seaurity Instrument <br />at any one time. Any notice to Lender shali be given by delivering it or by mailing it by first class mail to Lender's <br />address stated herein unless Lender has designated another address by notice to Borrower. Any noticc in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until aatually received by Lender. <br />IF any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under this Sccurity Instrument. <br />16. Governing I.aw; Severabfl3ty; Rulee af Conatruction. This Security Instrument shall he governed by <br />federal law and the law af the jurisdiction in which the Froperry is located. All rights and obligations contaaned in <br />this Security Instrument are subject to any requirements and limitations of Appliaable Law. Applicable I.aw might <br />explicitly or implicitly allow the parties ta agree by contract or it might he silent, but such silence shall not be <br />construed as a prahibition against agreement by contract. In the evenk that any provision or alause of this Sacurity <br />Instrument or the Note conflicts with Applicable Law, such conflict ahall not affcct other pravisions of this Security <br />Instrument ar the Note which can be given efFect without the canf7iating provision. <br />As used in this Security Ianstrument: (a) tr�ords of the masculine gender shall mean and include correspanding <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretian without any obligation ta take any action. <br />17. Borrower's Capy. Sorrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer af the Property or a Bene�cial Interest in Barrower. As used in this Section 18, "Interest in <br />the Property" means any legal or benefiaial interest in the Property, including, but n�t limited to, those beneficial <br />interests transferred in a bond far deed, contract for deed, installment sales contraat ar escrow agreement, the intenC <br />of which is the fsansfer of title by Borrower at a future date to a purchaser. <br />If all or any part af the Property ar any Interest in the Property is sold ar transferred (or if Borrower is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, <br />Lender may require immediace payment in full af all sums secured by this Security Instrument. However, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />Tf Lender exercises this option, Lender shall give Borrower notiae of acceleration. The notice shall provide a <br />pariod of not less than 3� days from the date the notice is given in accordance with 8ection 15 within which Borrow�r <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INST'itUMENT DqCMaglC� 800-848-1302 <br />Form 3028 1/01 Page 7 of 11 www.docmaglc.com <br />Ne3028.dot.�unl <br />
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