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201008934
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Last modified
11/30/2010 4:44:39 PM
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11/30/2010 4:44:39 PM
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DEEDS
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201008934
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201008934 <br />acceleration has occurred, reinstate as pravided in Section 19, by causing the action ar proceeding to be <br />dismissed with a ruling that, in Lender's ,judgment, precludes forfeicurc of the Property or other material <br />impairment nf I.ender's interest in the Property or rights under this Security Instrument. 'I"he proceeds of <br />any award or claim for damages that arc attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceecis that are not applied to restoration or repair ot' che Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Iieleased; Farbearance By Lender Not a Waivcr. Extension of the time for <br />payment or modi�cation 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 releasc the liability of $orrower <br />or any Successors in Interest of Borrower. C,ender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend tin�e for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of azly demand rnadc by the original <br />Borrower or any 5uccessors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persnns, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, sl�all not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. doint and Several Liability; Co-signers; Successors and Assigns Bou��d. Borrower covcnants <br />and agrees that Borrowcr's obligations and liability sl�all be joint and scveral. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />5ecurity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally nbligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree t� extend, modify, forbear or <br />make any accon�rnodations with regard to the [erms of lhis Security Instrument or tl�e Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Incerest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lendcr, shall obtain <br />all of Borrower's rights and bene�ts under this Security Instrumcnt. Borrower shall nc�t be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connectinn with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />[n regard to any other fees, the absence of express authority in this Security (nstrument to charge a specific <br />fee to Barrower shall not be construed as a prohibition on the chargia�g of such fee. 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 inaxi�num loan charges, and that law is finally inter�reted so <br />that the interest or other loan 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 arnount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected fro�tt Borrowcr which exceeded permitted <br />lirnits will be refunded to Borrower. Lender may choose to make this refund hy reducing 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 tr�atcd as a partial prepayment without any prcpayment charge (wl�ether ��r not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment ro Borrower will constitute a waiver of any right of action Borrower rnight have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrowcr or Lender in connection with this 3ecurity Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deerned to <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 n�eans. Natice to any one Borrower sliall constitute notice to all $orrowers <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 Lender. Borrower shall promp[ly <br />notify I.ender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then $orrower shall only report a chan�e of address through that specitied procedure. <br />NEBRASKA - Sinyle Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT ,} <br />�-61NE1108t�1 Page loot 15 �nitia�s'� h�-� Form 3028 1l01 <br />� <br />.£ � ., " t d'� , • <br />! , � � <br />
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