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201008716
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Last modified
11/22/2010 3:47:16 PM
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11/22/2010 3:47:15 PM
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201008716
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201008716 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be <br />disrnissed 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 Instrument. The proceeds of <br />any award or clairn for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneaus Proceeds that are not applied to restoration or repair of the Property 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 tirne for <br />payment or modi�cation of amortization of the sums secured by this Security Instrurnent granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall noC operate to release the liability of Borrower <br />ar any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise rnodify <br />amortization of the sums secured by this Security Instrurnent 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 limitation, L,ender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Boand. Bonower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this 5ecurity Instrurnent but does not execute the Noce (a "co-signer"): (a) is co-signing this <br />Security Instrument only Co mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instruxnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accomimodations 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 af Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights aud benefits under this Security Instrurnent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The cavenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successars and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services performed in connection with <br />Barrower's default, for the purpose of protecting I.ender's interest in the Property and rights under this <br />Security Instrument, including, but not licnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express autharity in this Security Instrument to charge a specific <br />fee ta Borrower shall not be construed as a prohibition on the charging of such fee. Lender z�nay not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Laan is subject to a law which sets rna�cirnum loan charges, and that law is finally interpreted so <br />that the interest or other laan charges collected or to be collected in connection with the Loan 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 sunns 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. If a refund reduces principal, the <br />reduccion will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment chazge is provided for under the Nate). Borrower's acceptance of a�ny such refund rnade by <br />direct payrnent to Borrower will constitute a waaver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrow�r or Lender 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 rnailed by first class mail ar when actually delivered to Borrower's <br />notice address if sent by ott�er means. Natice to any one Borrower shall constitute notice to all Borrowers <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 L,ender. Bvrrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Barrower shall only report a change of address through that speci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (� p <br />�-B�NE) iosi �� Page 10 of 15 in�tiais: V•(, Form 3�28 1l07 <br />� <br />, � , �. , f , . <br />
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