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201008933
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Last modified
11/30/2010 4:39:35 PM
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11/30/2010 4:39:34 PM
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201008933
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2Q�.44�933 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or praceeding to be <br />dismissed with a ruling that, in Lender's jndgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Tnstrurnent. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the 1'roperty <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; Farbearance By Lender Not a Wa3ver. Extension of the time for <br />paymenc or modi�cation of amortization of the sums secured by this Security Instrurnent granted by Lender <br />to Sorrower ar any Successor in Interest of Borrawer shall not operate to release the liability of Borrower <br />or any Successors in Intarest of Borrower. I.ender shall nat be required ta commence proceedings against <br />any Successor in Intexest of Borrower or to refuse to extend time for payment or otherwise modify <br />arnortizaCion of the surns secnred 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 L,�nder in exercising any right or <br />remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities ar <br />Successors in Interesc 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 rernedy. <br />13. Joint and Several Liability; Co-signers; Saccessars and Assigns Bound. Bonower covenants <br />and agrees that Borrower's obligations aud liabilicy shall be joint and several. Howcver, any Borrower who <br />co-signs this Securicy rnstrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to mortgage, grant and convey tl�e 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 />Instrument; and (c) agrees that Lender and any other Borrawer can agree to extend, modify, forbear ox <br />make any accammodations with regard to the terms of this Security Instiwnent or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrurnent in writing, and is appraved by �..ender, shall obtain <br />all of Borrower's rights and benefits under this Security Instarwnent. Borrower shall not be released from <br />Borcower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreernents of this Security Instrument shall bind (except as provided in <br />Section 20) and bene�it the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property ar�d rights under this <br />Security Instrument, includiug, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in Chis Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition an the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument ar by Applicable Law. <br />If the Loan is subject to a law which sets maximurn loan charges, and that law is �nally interpreted so <br />that the interest or other loan charges callected or to be collected in connection with the Loan. exceed the <br />permitced 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 be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by rnaking 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 rnade by <br />direct payment to Borrower will constitute a wai,ver of any rigl�.t of action Boa-row�r might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrowear in connection with this Security Instrurnent shall be deemed ta <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other 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 designatcd a substitute notice address by notice to J.,ender. Borrower 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 Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFQRM IN$1"RUMENT <br />�-B(NE) (0811) Page 10 Of 15 inn�ais: � Form $Q28 V01 <br />1'� <br />i + ' " . <br />
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