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201100178
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1/10/2011 4:29:34 PM
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1/10/2011 4:29:34 PM
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201100178
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2U1100178 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property ar other material <br />impairment of L.ender's interest in the Property ar rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the irnpairment of Lender's interest in the Fraperty <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; Fnrbearance By Lender Not a Waiver. Extension af the time for <br />payrnent or modi�cation of arnortization of the sums secured by this Security Instrurnent granted by Lender <br />to Borrower or any Successor in Tnterest of Borrower shall not operate to release the liability of $orrower <br />or any Successors �n Interest of Borrower. Lender shall not be required to commeance proceedings againsC <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 Instnunent by reason of any demand made by the original <br />Borrower or any Successors in interest of Borrower. Any farbearance by I.ender in exercising any right or <br />rennedy including, without limitation, Lender's acceptance of payrnents from third persons, entities or <br />Successors in InCerest of $orrower 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. Joint 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 Security Instrumant buc does not execute the Note (a "co-signer")_ (a) is co-signing this <br />Security Instrument only to mortgage, grant and coanvey the co-signex's interest in the Property under the <br />ternas of this Security Instrument; (b) is not personally obligated to pay the sum.s secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instniment or the Note without the <br />co-signer's cox�sent. <br />Subject to the provisions of Section 18, any Successar in Interest of Borrower who assumes <br />Borrower's obligations under this Secur�ty Instnunent in writing, and is approved by Lender, sha11 obtain <br />all of Barrower's rights and benefits under this Security Instrument. Barrower shall not be released from <br />Borrower's abligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Securiry Instrument shall bind (except as provided in <br />Section 20) and ben�t the successors and assigns of Lender. <br />14. Laan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrawer's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instn�ment, inclading, but not lirnited ta, attomeys' fees, property inspection and valuation fees. <br />In regazd to any other fees, the absence of ezpress authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be canstrued as a prohibition on the charging of such fee, Lender may nat charge <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 maxunum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in cannectian with the Laan 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 permitted limit; and (b) any surns already collected frorn Sorrower which exceeded permitted <br />limits will be refunded to $orrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrawer. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or noc a <br />prepayment charge is provided for under the Nate). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver af any right of accion Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />rnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have be�n given to Borrower when mailed by �rst class mail or when actually delivered ta Borrower's <br />notice address if sent by other rneans. Notice to any one Barrower shall constitute notice to all Borrowers <br />ur►less Applicable Law expressly requires otherwise. The notice address shall be the Praperty Address <br />unless 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 specifies a pracedure for repoRing Borrower's <br />change of address, then Borrower shall only repart a change af address through that specified procedure. <br />NEBRASKA - 5ingle Family - Fannie MaelFreddie Mac UNIPORM INSTRUMENT <br />�-6�NE) 108>>I Page 10 of 15 �nitia�s: Form 3028 1/01 <br />� <br />� � � <br />V <br />� <br />
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