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201008865
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Last modified
11/29/2010 4:43:09 PM
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11/29/2010 4:43:08 PM
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201008865
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��i�os��� <br />acceleration has occurred, reinstate a,s provided in 5ection 19, by causing the action or proceeding to be <br />dismissed 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 Instrurnent. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender' s interest in the Property <br />are hereby assi�ned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied ta restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borr[�wer Not Released; Forbearance Sy Lender Nat a Waiver. Extension of the time far <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrpwer. Lender shall not be required to cornmence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this 5ecurity Instrument by reason of any demand made by the origina1 <br />Borrower or any Successors in Interest af Bprrower. Any forbearance by Lender in exercising any right or <br />remedy including, withouc limitation, Lender' s acceptance nf payments from third persvns, entities or <br />Successors in Intereat 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 />l3. .�oint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />ca-si�ns this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only tq 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 surns secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodatipns with regard to the terms of this Security Instrument or the Note without thc <br />co-signer' s consent. <br />Subject ta the provisions of Section 18, any Successor an Interest of 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 and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under thia Security lnstrument unless Lender agrees to such release in <br />writin�. The covenant5 and a�;reements of this Security lnstrument shall bind (except as provided in <br />Section 20) and bexiefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees foz services performed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Security Instrurnent, including, but not limited to, attorxieys' fees, property inspection and valuatipn fees. <br />In re�ard to any other £ees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fae. Lender 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 xna�cinaum loan charges, and that law is finally interpreted so <br />that the interest or other loan chazges collected or to be collected in connection with the L.oan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the arnount necessary to reduce the <br />charge to the permitted limit; a�ad (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to znake this refund by reducin� 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 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 right of action Borrower might have arising out <br />of such overcharge. <br />1S. Notices. All notices giv�n by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instruznent sha11 be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Barrower' s <br />notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Sorrower has designated a substitute notice address by notice to Lender, Sprrower sha11 promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />ch.ange of address, then Borrower shall only report a change of address through that specified procedure. <br />230974 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (oe11) Page 10 of 15 Initials: ��� Form 3028 1101 <br />m <br />
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