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201008481
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201008481
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Last modified
11/15/2010 2:47:09 PM
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11/15/2010 2:47:08 PM
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DEEDS
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201008481
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201008481 <br />accelccation has occurred, reinstate as provided in Section 19, by causing the action ar pmccedin,g to be <br />disrnissed with a ruling that, in Lender's judgment, precludes forfeiture af the Property or other material <br />impairnne�nt af L.e�der's interest in the Property ar rights under this Security Instrument. The procceds af <br />�ny award or claima for damages that are attcibutable W the impairnnent of Lender's intBrest in the Prpperty <br />are hereby assigned and shall be paid to I.,ender. <br />All Miscellaneous Proceeds that are not applied to restorazion or repair of the Prop�rty shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waivex. Extension of the time for <br />payrnent ot modification of amortiration of the sw�as se�ured by this 5e�urity Jnstrunaen;t granted by Lender <br />to Borrower or any Successor in Intcre.st of Borrower shall not operate to release the liability of Barrower <br />or arry Successars m Interest of Borrower. Lender shall not be required to comme��ce praceedings against <br />any Sticcessor in Tnterest of Borrower or to refuse w ext�ui tiu� for payment or atheawi�se modify <br />amortization of ih,e sums secured by this Security Instrunaent by z�eagon of any demand made by tl�e arigiu�a] <br />Borrower or any Successors in Interest of �onrower. Any forbearanr� by Lender in easercising any right or <br />are�x►e�iy including, witlwut limitation, I.ender's acceptance of payments from third persons, entities or <br />�ccessors in Interest of Borrower or in amounts less than the amount then due, sball not be a waiver of or <br />preclude the exercise af any right or �nemedy. <br />13. Joint and Sev�sl Liabi4ty; Co-s[gners; Successors and Assigns Houad. Sorrower oovenants <br />and agrees thaz Borrower's obligations and liability ahaii be joint and seve�ral. However, auy Borrower wha <br />co-signs ttus Securiry Instrument but does not exe,�cute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, $ra�nt and canvey the co-signer's interest in the Property under the <br />tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this S�urity <br />Instnunent; and (a) agrees that L.�nder and any other Boixower can agree to extend, modify, forbeax ar <br />make any accommodations with regard to thc terms of this Security Instrument or the Note witlxout the <br />co-signer, s consent. <br />S�b�ect, to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Barrower's obligations under this Sacurity Instrument in writing, and is approved by L�ndec, shall obtain <br />all of Borrower's rights aud benefits under this Security Instrument. Borrawer shall ;nat be releaserl from <br />Borrower's obligations and liability uncler this Security Instrument unless Lender agrees to such release in <br />writing. Thes covenauts and �r�nts of thia 5ecurity Instrument shall bind (eacept as pmvided in <br />Section 20) end bene;�t the successors and assigns of Lender. <br />14. Iaan Chargers Lender may charge Bormwer fees for services perforrned in connection with <br />Borrower"s dcfaulC, for tb�e purpose of prate�ting L.ender'a inte�t in the Property and rights under this <br />SFCUrity Instrucment, including, but not li�tnitc�i ta, attorneys' fees, pmpertY ins�tion �►d valu�ation fees. <br />In regard to any other fees, the abse�e of express authority in this Security Inscrument to char$e a specific <br />fee to Borrower shall aot be consm�ed as a pmhibition on thc charging of such fee. Lender may not charge <br />fces that are expreasly �rohibited by this Se�urity Instrunrsent or by Applicablc Law. <br />If the Loan is sub�ect to a law which sets ma�rimum loan charges, aad that 1aw is �inally intexpreced so <br />that t� interest or other loan charges col�e�ted or W be collected in connection with the Laan ea�cxed the <br />permitted limits, theu: (a) any such loan charge st�all be reduced by the amount necessaiy to reduce the <br />cl�arge to the perinitted limit; and (b) any swms already collect�d from Sornower which excecded penmitted <br />limi�ts will be refiuided to Borrower. Lender may choose to maks thia xef�und by reducing the principal <br />owed uncler thc Note or by m�king a direct payn�nt to Barrower. If a reliu�d reduccs principal, the <br />reduction will bc treated as a partial prepayment without any prepayment cbazge (whether or not a <br />PrePaYment charge Is p�rovid�d far under the Note). Borxowcc's aoceptancx of any such refund made by <br />direc� payrm�t to Borrower will constitute $ waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />1S. Natiaes. All notices given by Borrowcr or I.ender in connedian with this Security Inaprument <br />must be in writing. Any �tice to Borrower in oonnection with this Security In.gtnunent shall be deemed to <br />have bcen given to Horrower when mailed by �x�rst class mail or when actually delivered to Bormwer's <br />notice address if sent by other meana. Notice to any one Bornower shall constitute norice to all Horrowers <br />unless Applicable T.,aw expressly rec�uires otherwise. 'I'he notice address shall be the Property Address <br />unless Honrower has designated a substitute norice addr�ss by notice W Lender. Borrower sha11 prounptly <br />a�tify Lender of Bomower's change of acidress. If Lender speci�es a pracedure for rsporting Borrower's <br />cb�ange of address, t�cn Borrower shall only report a change of address through that speci�ied procedure. <br />NEBRASKA - Singla Fsmily - Fanni� MpdFr�ddis Mac UNIFORM INS7RUM�NT �[��� � <br />�-BINE) 1oe� t► p�. �o ot �s i�itwll►d!�AA_,__ Form 3028 1/01 <br />W�--� <br />
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