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201100046
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1/3/2011 4:32:55 PM
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1/3/2011 4:32:54 PM
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201100046
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2oli0004� <br />acceleration has occurred, reinstate as provided in Section 19, by causing th� action or proceeding tn he <br />dismissed with a ruling that, in Lender's judgment, precludea farfeiture of tlie Property or other material <br />impairment of Lendez interest in the Property or rights und�r this Security Instrument. 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 Juender. <br />Al] 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. Sorrower Not Relcased; Torbearance B,y Lender Not a Waiver. Extension of the time for <br />payznent or modification of arrxortization of the sums secured by this Security lnstrument �ranted by Lender <br />to Borrower or any Successor in J.nterest of Borrower shall not aperate to release the liability of �orrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or atherwise modify <br />amqrtization of the sums secured by this Security Instrum�nt by reason of any d�rnand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by I.�ender in exercising any right ar <br />remedy including, without limitation, L�nder' s acceptance of payments £rom third persons, entities or <br />Successor5 in Interest of Borrower or in amounts les� than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liahility; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Sorrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-si�ning this <br />Security ]nstruznent only to mortgage, grant and convey the co-signer's interast in the Property under the <br />terms of thia Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and f c) agrees that Lender and any other Borrower can agree to extend, rnodify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note withaut the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower' s obligations unde.r this Security Instrument in writing, and is approved by Lender, shall ohtain <br />all of Borrower' s rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligationti and liability under this Security Instruznent unless Lender agrees to such release in <br />writin�. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />]4. Loan Charges. Lender znay charge Borrower fees for services performed in connectaon with <br />Borrower's default, for the purpose of protecting Lender's inter�st in the Property and rights under this <br />Securicy Instrument, including, but not limited to, attorneys' fees, property inspection and valuatian fees. <br />In r�gard 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 charge <br />fees that are expre5sly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is sub�ect ta a law whick� sets maxunum loan chargea, 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 />permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sumti already collected from Borrower which exceeded permitted <br />limits will be refunded to �orrawer. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by xnalcing a direct payrnent to Barrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrawer's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices gaven by Borrower pr Lender in connection with this Security lnstrurnent <br />rnust be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to <br />have been given to Borrower when mailed by frrst class mail or wh�n actually delivered to Eorrower's <br />notice address if sent by oTher means. Notice to any one Borrower shall canstitute notace to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Addreas <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />natiFy Lender of Borrower' s change of address. If Lender specifies a procedure far reporting Borrower' s <br />change of address, then Borrower shal] only report a change of address through that specified procedure. <br />231026 <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6(NE) �os��) page 10 of 15 Initials: FOrm 3028 1101 <br />� <br />
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