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201009356
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Last modified
12/15/2010 4:09:56 PM
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12/15/2010 4:09:55 PM
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DEEDS
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201009356
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20�oo���c <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or praceeding to be <br />disrnissed with a ruling that, in I.ender's judgment, precludes forfeiture of the Property or other material <br />irnpairment of Lender's interesC 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 assigned and shall be paid to L,�nder. <br />All Miscellaneous Proceeds that are not applied to restoration ar 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 Waiver. Extension af the time for <br />payrnent or modification of amo�tization af the sums secured by this Security Instrument granted by �..ender <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 Borrower. L.ender shall not be required to cornrnence 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 Security Instruznent by reason of any demand made by the original <br />Borrower ar any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments frotn Chird persons, entities or <br />Successors in Interest of Borrowcr or in amounts less than the arnount then due, shall not be a waiver of ar <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liab►lity; Co-signers; Successors and Assigns Bound. Borrower cavsnants <br />and agrees that Borrower's obligations and liability shall be joint and several. Hawever, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is ca-signing this <br />Security Instrument only to mortgage, grazit 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 />Instrurnent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note withaut the <br />co-signer's consent. <br />Sub�ect to the provisions of Section 18, any Successor in Interest of Borrawer who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 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 this Security Instrument unless L.ender agrees to such release in <br />writing. Th�, covenants and agreements of this Security Instrurnent shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services perfarmed in connection with <br />Borrower's default, for the purpose af pratecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited ta, attomeys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authoriCy 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. L.ender rnay 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 maximum loan charges, and that law is finally interpreted 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 amount necessary ta reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrawer which exceeded permitted <br />lirnits will be refunded to Borrower. L,�nder may choose to make this r�fund by 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�ated as a partial prepayment without any prepayment charge (whether or not a <br />prepayrnent charge is provided for under the Note). Borrower's acceptance af any such refund made by <br />direct payment to Borrower will constitute a waiver of any right af action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with thjs 5ecurity Instrument <br />must be in writing. Any notice to Bonrower in connectian with this Security Instrurnent shall be deemed to <br />have been given to Borrower when rnailed by first class mail or wh.en actually delivered to Borrower's <br />notice address if senC by other means. Notice 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 T..ender. Barrawer shall promptly <br />notify I.ender of Borrower's change af 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 />....., <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFpRM INS7RUMENT �,, ° <br />�•6�NE) 1o8t t1 Page 10 ot 15 in�t�ais:�UV'' u� Form 302$ 9/09 <br />� <br />. %r � � t ��� rt , ryt .ri <br />r� <br />
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