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201008714
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Last modified
11/22/2010 3:46:50 PM
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11/22/2010 3:46:49 PM
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201008714
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2U1008�i� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the actian or proceeding to be <br />dismissed with a ruling tk�at, in L.ender's judgrnent, precludes forfeicure of the Praperty ar other rnaterial <br />irnpairment of Lender's interest in the Property or rights under this Secnrity Instrument. The proceeds of <br />any award or claim for damages that are attributable to the irnpairment of 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 Property shall be <br />applied in the arder provided for in Section 2. <br />12. Borrpwer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or a�nodification af amortization of the sums secured by this Security Instrument granted by L,Qnder <br />to Borrower or any Successor in Tnterest of Borrovver shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. L,Qnder shall not be required to cammence proceedings against <br />any Successor in Interest af Borrower or to refuse to extend time for payment or otherwise modify <br />arnortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or <br />remedy including, without lirnitation, Lender's acceptance of payments frorn third persons, entities ar <br />Successors in Interest of Borrower or in amounts less than the arnount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. doint and Several Lisbllity; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower'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 ca-signing this <br />Securicy Instrument anly ta mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is nat personally obligated to pay the sums secured by this Security <br />Instrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security InstrumenC or the Nate without the <br />co-signer's cansent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by �..ender, sha11 obtain <br />all of Borrower's rights and bene�ts under this Security Instrument. Borrawer shall not be released from <br />Borrower's obligations and liability under this Security Instrurnent unless Lender agrees ta such release in <br />writing. '�'he 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 Borrowex fees for services performed in connection with <br />Borrower's default, far the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee tp Borrower shall not be construed as a prohibitipn on the charging of such fee. I..ender 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 ma7cimurn loan charges, and that law is finally interpreted so <br />that the interest or other loan charges callected or to be collected in connection with the Loan exceed the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />chazge to the pernnitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. Tf a refund reduces principal, the <br />reduction will be treated as a partial prepaymsnt without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any righc of action Borrower rnight have arising out <br />of such overcharge. <br />15. Notices. All notices givan by Banower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connectian with this Security Instrument shall be deemed to <br />have been given to Borrawer when rnailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice ta any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The natice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly <br />notify Lender of Borrower's change of address. If Lender specifies a pxocedure for reporting Borrower's <br />change af address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannia Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-BINE) 108tt1 Paae t0 ot 15 Initials: � Fprm 3028 1(O1 <br />� � <br />, ,� ? R <br />
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