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201009650
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Last modified
12/23/2010 4:25:59 PM
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12/23/2010 4:25:57 PM
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DEEDS
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201009650
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201U09�5U <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />disrnissed with a ruling that, in J.,ender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Secuarity Instrument. The praceeds of <br />any award or clairn for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to I.ender. <br />All Miscellaneous Proceeds that aare not applied to restaration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of Che time for <br />payment or modification of amartization of the surns secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release ths liability of Borrower <br />or any Successors in Interest af Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise rnodify <br />amartization of the surns secured by this Security Instrument by reason of any demand nnade by the original <br />Borrower or any Successars in Interest of Borrower. Any forbearance by I.ender in exercising any right ar <br />rernedy including, without limitation, Lender's acceptance of payments fram third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />precluds the exercise of any right or remedy. <br />13. Jolnt and Several Liability; Co-signers; Successors and Assigns Bound. Borrawer covenants <br />and agre�s that Borrower's obligations and liability sha11 be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the NoCe (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to rnortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrurnent; (b) is not personally obligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, farbear or <br />make any accommodations with regard to the terms of this Security Instrument or the NoCe witbout the <br />co-signer's consent. <br />Subject to the pravisions of Section 18, any Successor in Tnterest 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 Instrurnent. Borrower shall not be released frorn <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 Instruxnent sha11 bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borcower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Praperty and rights under this <br />Security Instrument, including, but not limited to, attarneys' fees, property inspection and valuation fees. <br />In regard to any oCher fees, the absence of express authority in this Security Instrument to charge a speci�c <br />fee to Borrower shaJl not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable I.,aw. <br />If the Loan is subject to a law which sets maximum laan charges, and that law is �na11y interpreted so <br />Chat the interest or other loan charges collected or to be callected in connection with the Loan exceed the <br />permitted 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) az�y sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender znay chaose to make this refund 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 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 canstitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrawer or Lender in connection with this Security Tnstrument <br />nnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed 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 means. Notice to any one Borrower shall constitute notice to a11 Borrawers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Pxoperty Address <br />unless Borrower has designated a substitute notice address by notice to �.,ender. Borrower shall prornptly <br />notify Lender of Borrower's change of address. If Lender speci�es 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/Freddia Mec UNIFORM INSTRUMENT <br />�-B�NE) loat t1 Page 1Q Of 15 Initials: � Form 3028 1/01 <br />� <br />'� Y 4. <br />
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