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201008335
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Last modified
1/11/2011 2:08:14 PM
Creation date
11/8/2010 4:20:55 PM
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DEEDS
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201008335
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20�008335 <br />acceleration has occurred, reinstate as provid�d 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 Lender's interest in the Property or rights under this Security Instrument. The praceeds of <br />any award or claim for darnages that are attributable to the impairment of Lender's interest in th� 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 provided for in Sectian 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by I.,ender <br />to Borrower ar any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors m Interest of Borrower. Lender shall not be required to commence proceedxngs against <br />any Successor in Interest of Borrawer or to refuse to extend time far payment or otherwise modify <br />amortization of the sums secured 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 />remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities or <br />5uccessors in Interest of Borrower or in amounts less than the arnount then due, shall not be a waiver of or <br />preClnde 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 Borrawer'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 Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lcnder and any ather Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terims af this Security Instrument ar the Note without the <br />co-signer's consent. <br />Subject co the provisions of Section 18, any Successar in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instnunent in wricing, and is approved by L.ender, shall obtain <br />all af Borrower's rights and benefits under this Security Instrurnent. Borrower sha11 nat be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />SecCion 20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. L,ender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting L,Qnder's interest in the Prvperty and rights under this <br />Security Instrwnent, 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 Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. I.ender may not charge <br />fees that are expressly prohibited by this Secu�ity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connectian with the Loan exceed the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amaunt necessary ta reduce the <br />charge to the perznitt�d limit; and (b) any sums already collected from Borrower which exceeded perznitted <br />limics will be refuuded to Borrowcr. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borcower. If a refund reduces principal, the <br />reduction W�rr �e treated as a partial prepayment without any prepayment charge (whether ar 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 acCion Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or L,Qnder in connection witta this Security Instrument <br />must be in writing. Any notice to Borrower in cannectinn 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 to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be tha Property Address <br />uanless Borrower has designated a substitute natice address by notice to L,Qnder. Borrower shall promptly <br />notify Lender of Borrower's change of address. If I.ender specifies a procedure for reporting Borrower's <br />change af address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INS7RUMENT <br />�-B�NE► �oa��� Page 10 of 15 initiais: Form 3028 1/01 <br />� i i� � �.� �.1 �', �' :; :� <br />�� <br />� � <br />
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