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201009679
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Last modified
12/27/2010 3:15:44 PM
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12/27/2010 3:15:43 PM
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DEEDS
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201009679
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2oloo9s7s <br />acceleration has occurred, reinstate as provided in Sectian 19, by causing the action or prc�c�;�ding to be <br />dismissed with a tvling that, in I.endc;r's judgmsnt, precludes forf'eiture of the Property az' ather material <br />impairment of Lender's interest in the Property or rights under this Securiky Instrurnent. T'he proceeds of <br />any award or claim for damages that are attributable to the irnpairment of L,ender's interest in the Property <br />are hereby assigned and shall be paid to I�:nd�r. <br />All Miscellaneous Proceeds thaf ar� nat applied to restoration or repair UF the Property shall be <br />applied in the order providec� for in 3ection 2. <br />12. Borrower Not R�l�as�d; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this 5ecurity Tnstrument granted by I,ender <br />to Borrower or any Successor in Tnterest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of 13orrower. Lender shall nat be required to commence proceedings against <br />any Successor in Interest af Borrn�rrer or to refuse to extend time f�r payment or otherwise modify <br />amortization of the sums secured by this 5ecurity Tnstrument by reason af any demand made by the original <br />Borrower or any Successars in Interest of Borrower. Any forbearance by I.ender in exercising any right or <br />remedy including, without limitation, I.ender's acceptance of payments from third persans, entities or <br />Successors in Interest of Sonrawt;ar ur in amounts less than the amount then due, shall not be a waiver of or <br />pr�clude the exercise of any right or rem�dy. <br />13. Joint and Several Liability; Co-signers; Successars and Assigns Bound, Borrower covenants <br />and agrees that Borrower's nbligations and liability shall be joint and several. Hawever, any Borrower who <br />c;a-signs this 5ecurity Tnstrument but does not execute the Note (a "co-signer"): (a) is ca-signing this <br />Security Instrument only to mortgage, grant and convey the ca-signer's interest in the T'roperty under the <br />terms of this Security Instrument; (b) is not personally obligated to pay lh� sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrawer can agree to extend, m�dify, forb�ar �r <br />make any accommodations with regard to the terms af this Security Instrument or the Note without the <br />Ga-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations undsr this Security Instrument in writing, and is approved by Lender, shall obCain <br />all of Borrower's righks and benefits under this Security Instrument. Borrower shall not bc released from <br />Barrower's obligations and liabilily under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this S�curity Instrurnent shall bind (except as provided in <br />Section 20) and b�nefit the successors and assigns of T.ender. <br />14. Loan Charges. Lender may charg� Bo�rrawer fees for services performed in connection with <br />Borrower's default, for the purpose oT protecting I,ender's interest in the Property and rights under this <br />5ecurity Tnstrument, including, but not limited to, attorneys' f"ees, property inspectiUn and valuation fec:s. <br />In regard to any other fees, the absence of express authority in this Security In.Strument ta charge a specific <br />fee to Barrawer shall not be construed as a prohibition on the charging af such fee. Lender may not charge <br />feus that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which s�ts maximum loan charges, and that law is finally interpreted so <br />thaC the interest or ather loan charges collected or to be collected in cc�nnec[ion with the Loan exceed the <br />p�rmitted limits, then: (a) any such loan charge shall be rcdur.ed by th� amaunt necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Barrower which exceeded permitted <br />limits will be refunded to 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. Tf a refund reduces principal, the <br />reducGion will be treated as a partial prepayment without any prepaym�nt charg� (whether or not a <br />pr�payment charge is provided for under the Note). Borrower's acceptanc� caf any such refund rnade by <br />direct payment to Borrower will cUnstitute a waiver of any right of action Borrower mi$ht have arising out <br />ofsuch overcharge. <br />15. Notices. All nptices given by Borrower or Lender in connection with this Security Tnstrument <br />must be in writing. Any naticc la Bartawsr in connection with this Security Instrument shall be deemed to <br />have been given ta Borrower when mailed by first class mail or when actually delivered to Borrower's <br />nolic� address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable T.aw expressly r�quires atherwis�. The nptic� address shall be the Property Address <br />unless Borrower has d�signat�d a suhstitute natice addrsss by notiue ta Lender. Borrower shall pramptly <br />notify L.ender of Borrower's change of address. Tf L.ender specifies a procedure for reporting �orrower's <br />change af address, then I3orrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-BINE11oe�t1 Paqn 10nf 15 �nitia�e: Fo�'m 302$ 11Q1 <br />�r <br />/ <br />
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