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201009713
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Last modified
12/27/2010 4:30:21 PM
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12/27/2010 4:30:20 PM
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201009713
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2U10�9713 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or praceeding ta be <br />dismissed with a ruling that, in Lender's judgnnent, precludes forfeiture of the Property or other material <br />impairment of L.ender's interest 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 Lender. <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 />payment or modification of amortizatian pf 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 the liability of Borrower <br />or any Successors m Interest of Borirower. L.ender shall not be required to commence proceedings against <br />any Successar in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortizaCion of che swms secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, L.ender's acceptance of payrnents from th.ird persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amnunt then due, shall not be a waiver of or <br />preclude the exercise of any right or rennedy. <br />13. Joint and Several Liability; Co-signers; Sucr.�ssors and Assigns Boand. Bonower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />ca-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to rnortgage, grant and convey the co-signer's interest in the PropeRy under che <br />tercns of this Security Tnstnunent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbeaz or <br />make any accomrnodations wi.th regard ta the terms of this Security Instnunent or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Sectian 18, any Successor in Interest of Bonower who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bene�its under this Secuz�ty Instnunent. Borrawer shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agrcennents of this SEaurity Instrument shall bind (except as provided in <br />Section 20) and benefit Che successors and assigns pf Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services perfonned in cannection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Froperty and rights under this <br />Security Instrunnent, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instnunent to chazge a specific <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge <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 maxiznuun loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection wiCh the T,oaan exceed the <br />pernutted limits, then: (a) any such loan charge shall be xeduce� by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any surns already collected fronn Borrower which exceeded pernutted <br />limits will be refunded to Borrawer. Lender may choose ta make this refund by reducing the principal <br />owed under the Note or by making a direct payment ta Borrower. If a refund reduces prin.cipal, the <br />reduction will be treated as a partial prepayrnent without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund rnade by <br />direct payment ta Borrower will constitute a waiver of any right of action Borrowerr might have arising out <br />of such overchazge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connectian with this Security Instrunr►ent sha11 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 rneans. Notice to any one Borrowear shall constitute notice to all Borrowers <br />uriless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address <br />uziless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. IF Lender speci�ies a pracedure far reporting Borrower's <br />change of address, then Borrower sh�all only report a change of address through Chat specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) loai i � Pege 10 of 15 iniciais•���� -�� Form 3028 1/01 <br />,�- <br />
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