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201008469
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Last modified
11/12/2010 4:43:11 PM
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11/12/2010 4:43:11 PM
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DEEDS
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201008469
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201008469 <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 Insbrutzaent. The proceeds of <br />any award or claim for damages that are atlributable to the impaument ofLender's interest in the Property <br />are hereby a�ssigned and shall be paid to Lcnder. <br />All Miscellaneous Proceeds that are not applie� to restoration or repair vf the Property shall be <br />applied in the order provided for in 5ectian 2. <br />12. Borrower Not Releaaed; Forbearance By Lender Not a Waiver. Extension of the time for <br />paymex�t ar modification of amortizatian of the surns secured by this Security Inst�wnent granted by T ender <br />to Barmwer or any Successar in Iuterest nf Borrower shall not operate to release the liability of Borrawer <br />ar any Successars in Interest of Bonower. Lender shall not be required to cornmence proceeclings against <br />any Successor in Interest of Bonrower or to refuse to extend time for payment or othervrisB modify <br />arnortization of the sums secured by this Security Instrument by reasan of any demand rnade by the original <br />Borrower or any S�ccessors in Interest of Borrower. Any farbearance by Lender in exercising any right or <br />remedy including, without lixnitatian, Lender's acceptance of payments from third p�'sons, entities or <br />Srxccessors in Interest af Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />pre�lude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Sncces�ors and Assign� Bound. Horrower covenants <br />and agrees that Barrawer's obligations and liability shall be joint and seveTal. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is casigning this <br />Security Instrurnent only to mortgage, grant and convey the co-signer' s interest in the Property under the <br />terms of this Se�urity Instrument; (b) is not personally obligat� to pay the surns secured by this Security <br />Instrumeut; and (c) agrees that Lender aiad any other Borrower can agree to extend, rnodify, forbear or <br />make any accummndations with regard to the terzns of this Security Inslrument ar the Note without the <br />co-signer' s consent. <br />Subject to the provisrons af Section 18, any Successor in Inte:rest of Borrowe�r who assumes <br />Borrower' s abligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower' s rights and benefits under this Security In�trurnent. Borrower shall not be released from <br />Borrower' s obligations and liability under this Security Instrunaent unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Tnstrument shall bind (except as provided in <br />Section 20) and benefit tha successors and assigns of Lender. <br />14. Loan Chargea. Lender may charge Borrower fees for services performed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Security Inslrurnent, including, but not limited to, attorneys' fees, property inspe�tion and valuation fees. <br />In regard to any other fees, the absence of express authority in this Se��rity Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fce. Lender may not charge <br />fees that are expressly prohibited by this Security �strument or by Applicable Law. <br />If the Loan ia subject to a law which sets maximum loan charges, and that law is fitaally interpreted so <br />that the in,terest or other loan charges collected or to be collected in conne�tion with the Loan excee�i the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exce.�ded permittad <br />limits will be refunded to Borrower. Lend�r may choose to make this refund by reducing the principal <br />owed under the Nota or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayrnent without any prepayment c.harge (whether or not a <br />prepayment charge ia provided for under the Note). Barrawer' s acceptance of any such refund made by <br />direct payment tu Borrower will constitute a waiver of any right o£ action Borirower might have arising out <br />of such overcharge. <br />15. Natice,s, All notices given by Borrawer or Lender in connaction with tlus Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Insirument sha11 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 norice to all Sorrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />uulesa Borrower has designated a substiiute notice address by notice to Lender. Borrower shall promptly <br />notify �.ender of Borrower's change of address. If Lender specifies a procedure for reporting Horrower's <br />change of address, then Sorrower shall only report a change of address through that specified procedure. <br />2200068229 D V6ANE <br />NE�IRA5KA - Single Family - Fannle Mae/Freddle Mac UNIF�RM INSTRUMENT WIT� <br />�-8A(NE� �oeio� Pape 10 nf 15 i � Form 3028 1101 <br />c�i <br />
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