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201008402
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Last modified
11/10/2010 4:36:27 PM
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11/10/2010 4:36:25 PM
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DEEDS
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201008402
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2010U840� <br />dism�issed 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. `.i'he proceeds of <br />any award or clairn for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid ta Lender. <br />All Misce�llaneous Proceeds that are not applied to restoration or repair of the Prnperty shall be <br />applied ln the order provided for in Section Z. <br />12. Barrowor Not Ralaasod; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sams secured by this Security Instrument granted by Lender <br />to Sorrawer or any Successor in Interest nf Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to comrnence proceedings against <br />any Successor in Tnterest of Borrower or to refuse to extend time for payrttent or otherwise modify <br />arnorti�ation of the sums secured by this Security Instrument hy reason of any demand made by the original <br />Borrower or any 5uccessors in Interest of Borrower. Any forhearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance oF payrnents from third persons, entities or <br />Successors in Interest of Borrower or in amounts 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 $orrower'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 secuted by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terrns af this Secu�ty Instrurnent or the Note without the <br />co-signer's consent. <br />5ubject to the provisions of Section 18, any Successor in Interest of Borrawer who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrurnent. Borrower shall not be released frorn <br />Borrower's obligations and liability under this 5ecurity Instrutnent unless Lender a rees to such release in <br />writing. The covenants and agreements af this Security Instrument shall bind �except as provided in <br />Section 20) and bene�t the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrawer'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, properry inspection and valuation Fees. <br />In regard to any ather fees, the absence of express authority in this Security Instrurnent to charge a specific <br />fee to Borrower shall not be canstrued as a prohibition on the charging of such fee. Lender may not 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 rnaximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connecdon wirh the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be z'educed by the amount necessary to reduce the <br />charge ta the permitted limit; and (b) any sums already collected frorn Borrower which exceeded perrnitted <br />limits will be refunded to Borrower. Lender may choose to tttake this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borarower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Sorrawer's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower nnight have arising out <br />of such overcharge. <br />15. Natices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Sorrower in cannection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered ta Borrnwer's <br />notice address if sent by other means. Notice to any one Barrower shall canstitute notice to all Borrowers <br />unless Applicable I.aw expressly requires otherwise. The notice address shall be the Property Address <br />unless Sorrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Sorrower's <br />change of address, then Sorrower shall only report a change of address through that speci�ed procedure. <br />001122236G52 Cit�lViartgage 3.2.42.07 Vll <br />N�RASKA - 5ingie Family -�'anNe MaeJFreddie Mac UNIFORM INSTRUMBJT WITH�AH�S <br />� �Ia1�Nq (OB10) Page 10 of 15 Initials: � �orm 3028 7/01 <br />� <br />
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