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201008906
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Last modified
11/30/2010 3:52:12 PM
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11/30/2010 3:52:11 PM
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DEEDS
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201008906
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2410U894� <br />acccleratiUn has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgm�nt, prccludes farfeiture of the Property or other material <br />impairment of Lender's interest in th� Praperty or rights under this Security Tnstrument. Th� prac�cds af <br />any award or claim for damages that are attributable to the impairment of Lender's intarest in the Property <br />arc: h�reby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoralian c�r repair of the Property shall be <br />applied in the order prc�vid�d for in Section 2. <br />12. Borrower Not Released; F�rrbearance By Lender Not a Waiver. �xtension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by T..ender <br />ta Barrower or any Successor in Tnterest of Borrower shall not operate to release the liability of Borrower <br />ar any Successors in lnterest of Borrower. Lender shall not bc required ta commence proceedings against <br />any Successor in Tnterest af Barrvwcr or to refus� to extend tune for payment or otherwise modify <br />amortizatic�n oP lhe sums sscured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Inter�st caf Bc�rrawer. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, T.ender's acceptance of payments from third p�:rsar�, entitics c�r <br />Successors in Interest of Borrower or in amounts less than the amount then duc:, shall nol b� a waiv�r af Ur <br />pr�c:lude th� exercise of any right or remedy. <br />13. Joint and Several Li�bility; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and sev�ral. Hawevar, any Barrower wha <br />co-signs this Security Tnstrument but does not �x�cut� lh� Nat� (a "cp-signer"): (a) is co-signing this <br />S�curity It�strument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />t�rms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Tnstrument; and (c) agrees that L.ender and any ather Barrawer can agree to extend, modify, forbear or <br />make any accommodakiUns with r��ard tv th� cerms 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 Tnterest of Borrower who assumes <br />Borrower's obligation.5 und�r this Seeurity Instruxnent in writing, and is approved by Lender, shall obtain <br />all of �orrower"s rights and bsn�fits und�r this Security Instrum�nl. Borrower shall not be released frorn <br />Borrower's obligations and liability under this Security Tnstrument unless T.ender agrees to such release in <br />writing. The covenants and agreements of this Security Tnstrument shall bind (except as provided in <br />Section 2�) and benefit the sucesssors attd assigns of L,end�r. <br />14. Loan Charges. T.ender may charge Borrower fees for services performed in connection with <br />Barrawer's default, for the purpose of protecting L.ender's interest in the Property and rights under this <br />Security Tnstrument, including, but nc�t limited to, atCamcys' fces, property i�sp�ctian and valuatiUn fces. <br />Tn regard to any other fees, 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 fee. Lender may not charge <br />fees tlxat are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />lhal the int�r�st cyr other loan charges collected or to be callseted in cvnn�etion with the Loan exGe�d Lhe <br />perrnitted 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 sums already collected from Borrower which exceeded permitted <br />limits will b� refunded to Borrawer. Lender rnay choos� ta make tkais reFund by reducing the principal <br />owed under the Note ar by making a direct paym�nt lo Barrow�r. If a refund reduces principal, chc <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). I3orrower's acceptance of any such refund made by <br />direct payment to Borrower wili canstitute a waiver of any right of actic�n $ortaw�r might hav� arising out <br />of such overcharge. <br />15. NUticcs. All notices giv�n by Borrower or I,c:ndcr in cannectian with this Security Instrument <br />must be in writing. Any nutice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given t4 Borrower when mailed by first class mail or when actually delivered tU Barrower"s <br />notice address if sent by other means. Notice to any ane BprrUw�r shall canstitutG nc�tice ta all 13orrowers <br />unless Applicable Law expressly requir�s otherwisc. The notice address shall be the Property Address <br />unless Sorrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify L.ender of Borrower's change of address. If L.ender specifies a pracedure far reparting Borrower's <br />change of address, then Borrower shall only report a change of address lhrough that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie M�c UNIFpRM IN&TRUMEIVT ' r_ <br />�-6�NE) wsiii paqa 10 of 15 mi�iais: 1.--� Form 3Q28 9/01 <br />
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