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201009845
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12/30/2010 4:20:30 PM
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12/30/2010 4:20:29 PM
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201009845
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201049845 <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 I.�nder's judgment, precludes farfeiture of the Property or other rnaterial <br />irnpairment of I.ender's interest in the Property or rights under this Security Instrument. The proceeds af <br />any award or claim for damages that are attributable to the impairment of �.ender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneaus Proceeds that are not applied ta restoration or repair af the Property shall be <br />applied in the order pravided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension af the time for <br />payment or modification of amortization of th� sums secured by this Security Instrument granted by I.ender <br />to Borrower or any Successor in Interest of Borirower shall not operate to release the liability of Borrower <br />ox any Successors in Interest of Sorrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest af Bonower or Co refuse to extend time for payment ar otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any dernand made by the original <br />Borrawer or any Successors in Interest of $orrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, L.ender's acceptance of payments from third persons, entities or <br />Successors in Interest of Bon'ower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Juint 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 SecuriCy Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of ttxis Security Instrument; (b) is not personally abligatec� to pay the sums secured by this Security <br />Instruxtxez�t; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />rnake any accommodatians with regard to the terms of this Security Instnunent or the Note without the <br />co-signer's consent. <br />Subject to the provisians of Section 18, any Successor in Interest 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 bene�ts uncter this Security Instrument. Barrower shall not be released from <br />Barrower's obiigations and liability under this Security Instrument unless Lender agre�s to such release in <br />writing. The covenants and agreements af this Security Insttument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Laan Charges. Lender may charge Borrower fees for services performed in connectian with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights undex this <br />Security Insttlux►ent, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of ezpress autharity in this Security Instrument to charge a specific <br />fee ta Borrower 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 Applieable Law. <br />If the L.oan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collecced in connection with the Loan exceed the <br />pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted limit; and (b) any sums already collected from Borrower which exceeded pernutted <br />limits �uvill be refunded to Borrawer. L.ender may choose to make this refund by reducing the principal <br />owed under the Note or by rnaking a direct payment to Barrower. If a refund reduces principal, the <br />reduction W�rr �e treated as a partial prepaytnent without any prepaymetat charge (whether or not a <br />prepayment chaxge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payrnent to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such avercharge. <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 cannection with this Security Instrument shall be deemed to <br />have been given ta �orrower when mailed by first class mail or when actually delivered to $orrawer's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by natice to Lender. Borrower shall promptly <br />notify Lender of Borrower's chatxge af address. If Lender speci�es a pracedure for reporting Borrower's <br />change af address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(��) (0817) Page 10 of 15 Initials: <br />� <br />. � 111 ( I <br />V <br />Fprm 3028 7/01 <br />d : . r <br />`.' <br />
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