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201008567
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Last modified
11/17/2010 3:07:51 PM
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11/17/2010 3:07:50 PM
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DEEDS
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201008567
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20�oos5s; <br />acceleration has occurred, rcinstate as provided in Section 19, by causing thc action or proceeding to be <br />dismissed with a ruling that, in T.end�:r's judgment, pr�cludes forfeiture of the Property �r ather matez'ial <br />impairment of I.,ender's interest in the Property ar rights und�r this Security Tnstrument. The proceeds of <br />any award or claim fnr damages that are attributable to the impairment of L�nder's interest in the Property <br />are hereby assigned and shall b� paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoratic�n Ur repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Barrawer Not Released; Forbears�nee By Lender Nat a Waiver. �xtension of the time for <br />payment or modificatian af amortization of the sums secured by this Secnrity Instrument granted by Lender <br />to I3orrower or any Successar in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Int�rsst af Borrower. L.ender shall not be required to cammencs proceedings against <br />any Successor in Interest of Borrower ar to refuse Co extend time for payment or otherwise znodify <br />amortization of the sums secured by this Sccurity Instrument by rsason of any demand made by the original <br />Bprr�wer or any Successors in Interest of Bartawear. Any farbearance by Lender in exercising any right or <br />remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities or <br />Successors in InCer�st of Borrower or in amounts less than the amcaunt then due, shall not be a waiver of or <br />preclude the exercise of any righl or rernedy. <br />13. Joint and Several Liability; Ca-signers; Suceessars and Assigns Bound. Borrowcr covcnants <br />and agrees that Borarawer's oblieations and liability shall be joint and scv�ral. However, any Borrower who <br />co-signs this Security Tnstrument but does not �x�cute lhe Nate (a "co-signer"): (a) is co-signing this <br />Security Tnstrument only ta martgage, grant and convey the co-signer's interest in the Property under thc <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Tnstrument; and (�) agrees that L.ender and any other Borrower can agree ta �xtend, rnodify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument ar Ghe Note without the <br />co-signer's consenC. <br />5ubject to the provisians of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligatians under this Security Tnstrument in writing, and is approvwd by I.,ender, shall abtain <br />all of Batrawer's rights and benefits under this Security Tnstrument. Borrowex shall nat be released from <br />Borrower's obligations and liability under this Security Instrument unless L.ender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns af Lender. <br />14. Laan Charges. Lender may charge Bonower fees for services performed in cannection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights und�r this <br />Security Instrument, including, hut n�t limited to, attarn�ys' fees, property inspection and valuation fees. <br />In regard to any other fees, thc: abs�nGe of express authqrity in this Security Instrument to charge a specific <br />fee to Borrower sktall not be construed as a prohibition on the charging of such f��. I..ender may nat charge <br />fees that are expressly prohibited by this Security Instrument or by Ap�licabl� I,aw. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted sa <br />that the interest or oCh�r loan charges collected or to be collected in connection with the T,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 pemnitted limit; and (b) any sums already collected from 13orrower which exceeded permitted <br />limits will be refunded to Borrower. Lc:nd�r may choose to mak� khis rsfund 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 without any prepayment charge (whether or not a <br />prepayment charge is pravided for under the Note). Bonower's acceptance of any such ref'und made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15, Notices. All notices given by Borrower or L.ender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivercd t� Barrower's <br />notice address if sent by ath�r ianeans. Notic� ta any one I3orrowcr shall cc�nstitutc: natic� to all Barrowers <br />unless 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. Borrower shall promptly <br />notify T.ender of Borrawsr's change of address. If I.,r:nder spccifi�s a prc�cedure f�ar repartin� B�rrc�wer's <br />change of address, thc:n B�rrower shall orily report a change of address through that spe:cificd procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �+ <br />�-6�NE) �osi i i Page 10 of 15 Initials:V "� Form 3028 1/0) <br />
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