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201009656
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Last modified
12/23/2010 4:42:17 PM
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12/23/2010 4:42:16 PM
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DEEDS
Inst Number
201009656
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���009�v� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a tvling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of <br />any award or claim for darnages that are attributable to the impairment of Lender's interest in the Property <br />ar� hereby assigned and shall be paid to I.,ender. <br />All Miscellaneous 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; Forbearance By Lender Not a Waiver. Extension of the time for <br />payrt�enC or madification of amortization of the surns secured by this Security Instrurnent granted by Lender <br />to Borrower or any Successor in Interest of Bonower shall not aperate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Barrower or to refuse to extend time for payment or otherwise rnodify <br />amortization of the sunas secured by this Security Tnstrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrowex. Any forbearance by Lender in exercising any right or <br />rernedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the arraount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instnunexit but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument anly to rnortgage, grant 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 sunns secured by this Security <br />InsCrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear ar <br />make any acconnriaodations with regard to the terms of this Security Instrument or the Note without the <br />ca-signer's consent. <br />Subject to the provisions of Sectian 1$, any 5uccessor in Interest of Borrower who assumes <br />Borrawer'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 Secc�rity Instnunent. Borrower shall not be released from <br />BbTTbW2I� obligations and liability urider this Security Instnunent unless Lender agrees to such release in <br />writing. The covenants and agreernents of this Security Instrurnent shall bind (except as pravided in <br />Section 20) and bene�t the successors and assigns af L.ender. <br />14. Loan Charges. Lender may charge Borrawer fees for services performed in connection with <br />Borrower's default, for the pttrpose of protecting Lender's interest in the Property and rights under this <br />Security Instr�unent, including, but not limited to, attorneys' fees, property inspectian and valuation fees. <br />In regard ta any other fees, khe absence of express authority in tlxis Security Instnunent 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 />f�es that are expressly prohibited by this Secuxity instrument or by Applicable Law. <br />If the Loan is subject ta a law which sets maxirnurn 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 />perrnitted lirnits, then: (a) any sueh loan charge shall be reduced by the amouuxt ne.cessary to reduce the <br />chazge to the perrnitted lirnit; and (b) atay su�tts already collected from Borrower which exceeded pernutted <br />liznits will be refunded ta Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note ar by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treate�l as a partial prepayment without any prepayment charge (whether or not a <br />prepayment chargs is provided for under the Note). Boz'z'ower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver af any right of action Borrower might have arising out <br />of such avercharge. <br />15. Notices. All notices given by Borrower or L.ender in connectian with this Security Instnunent <br />must be in writing. Any notice to Bortower in connection with this Security Instrument shall be deetned to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrawer's <br />notice address if sent by oCher means. Notice to any one Borrower shall constitute notice to all $orrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />iuiless Borrower has designated a substitute notice address by notice to Lender. Borrower shall pronnptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting $orrower's <br />change of address, then Borrower shall only report a change of address through that speci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Preddie Mac UNIFQRM INSTRUMENT <br />�-B(NE) (0811) Page 10 of 15 i��s�ais: Form 3028 9/09 <br />� <br />� . . ° Y ,. e . , 6 a � . <br />�ry \ � <br />V � <br />
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