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201008474
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11/12/2010 4:44:03 PM
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11/12/2010 4:44:02 PM
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201008474
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2oloos4�4 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture af the Property or other material <br />impairment af I.�nder's interest in the Property or rights under this Security Instrurnent. The proceeds of <br />any award or claim for damages th.at are attributable to the impairment af Lender's interest in the 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 Praperty shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the ti�ne for <br />payment or modification of amortization of the sums secured by this Security InstrumenC granted by Lender <br />to Barrawer or any Successor in Tntcrest of Barrower shall not operate to release the liability of Borrower <br />or any Successors m Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Bprrower or to refuse ta extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reasan of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any righc 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 th� amaunt then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Sevearal Liability; Co-signers; Successors and Assigns Bound. Barrawer covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. Howevex, any Boz7rower who <br />ca-signs this Security Instrument but does not execute the Nate (a "co-signer"): (a) is co-signing this <br />Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the <br />ternns of this Security Instrument; @) is not personally obligated co pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear ar <br />rnake any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrurnent in writing, and is approved by L,Qnder, shall obtain <br />all of Borrower's rights and bene�its under this Security Instrumen.t. Borrower shall not be released fram <br />Sorrower's obligations and liability under this Security Instnunenc unless I.ender agrees to such release in <br />writing. The covenants and agreements of this Security Instrurnent shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. 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 Fxoperty and righfs under this <br />Security Instrument, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In rcgard to any other fees, the absence of express autharity 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. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the L,oan is subject to a law which sets maximuun loan charges, and that law is fmally interpreted so <br />that the interest or other loan charges collected or to be collected in coannection with the I.oan exceed the <br />permitted limits, 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 exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to malce 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 withaut any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund rnade by <br />direct payment to Borrower will canstitute a waiver of any right of action Borrower might have arising out <br />af such overchazge. <br />15. Notices. All notices given by Borrawer or Lender in connection with this Security Instrutnent <br />must be in writing. Any notice to Borrower in connection with this Secnrity Instrument sha11 be deemed to <br />have been given to Barrower when mailed by first class rnail or when actually delivered to Borrower's <br />notice address if sent by otk�er means. Notice to any one Borrower shall constitute notice to all Borrowers <br />uzaless 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. Borarower sha11 promptly <br />notify L,�nder of Borrower's change of address. If L,Qnder specifies a procedure for reportiug Bozrower's <br />change af address, then Barrawer shall only report a change of address thro h that specified procedure. <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6�NE) 1o8t t 1 Page 10 of 16 initiais: Form 3028 1109 <br />���% v �" <br />: � :U " ,% � ' ; <br />
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