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201009674
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Last modified
1/11/2011 2:10:00 PM
Creation date
12/27/2010 3:15:03 PM
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DEEDS
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201009674
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2olao9s74 <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, <br />if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to <br />be dismissed with a ruling that, in Lender's judgment, precludes forfeiture ofthe Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damag�s that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br />in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any Successor in Interest of Bort'ower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings a�ainst <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 Instrument by reason of any demand made by the <br />original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising <br />any right or remedy including, without limitation, Lender's acceptance of payments trom third persons, <br />entities or Successors in Interest of Borrower or in amounts less than the amaunt then due, shall not be <br />a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Ca-signers; Successors and Assigns Bpund. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower <br />who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing <br />this Security Instrument only to mortgage, grant and convey the ca-signer's interest in the Property under <br />the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this <br />Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, <br />forbear or make any accommodations with regard to the terms of this Security Instrument or the Note <br />without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />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 Lender agrees to such release <br />in writing. The covenants and agreernents ofthis Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Lo�n 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 Aroperty and rights under this <br />Security Instrument, including, but not limited to, attnrneys' fees, praperty inspection and valuation fees. <br />In regard to any other fees, the absence of express authority 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. Lender may not <br />charge fe�s that are expressly prohibited by this Security Instrument or by Applicable Law. <br />1757307723 <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT ( Form 3028 1101 <br />VMP� n' <br />Wolters Kluwer Financial Sarvicss 201011303.5,0.0.400220100528Y Initial `• Page 71 of 17 <br />7 3 <br />
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