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201100187
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1/11/2011 1:10:05 PM
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1/11/2011 1:10:04 PM
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DEEDS
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201100187
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2oi��o��� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed ��ith a ruling that, in Lender's judgment, precludes forfeiture of the Property or other materia] <br />iznpairment of Lender' s interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or clairn for damages that are attributable to the impairment of Lender' s interest in tl�e Praperty <br />are hereby assigned and shall be paid ta Lender. <br />Al] Miscellaneous Proceeds thai are not applied to restaration or repair of the Praperty shall bc <br />applied in tl�e order provided fnr in Section Z. <br />12. Sorrower Not Released; Forbearance By Lend�r Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument grarated by Lender <br />to Borrower or any Succ�ssor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be requzred to commence proceedings against <br />any Successor in lnterest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of tl�e surns secured by this Security Jnstrument by reason of any demand made by the ori�inal <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any righe or <br />remedy includin�;, without limitation, Lender' s acceptance of payments from third persans, entities or <br />Successors in Interest of Borrower or in amounts les:� than the amount then due, shall not be a waiver of or <br />preclud� the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-sigzxs fhi5 Security instrument but. does not execute the Note (a "co-signer"): (a) i5 co-signing this <br />5ecurity Instrument only to mortgage, grant az�d canvey the co-signer' s interest in the Property under the <br />terms of this Security Instrument; (b) ia not personally obligated to pay the sunns secured by this Security <br />Instrument; and (c) agree� that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accomrnodations with regard to the terms of this S�curity Instrument or the Note without the <br />co-si�ner' s consent. <br />Suhject to the provisions of Section 18, any Successor in Interest of Borrower who assuznes <br />Borrc>wer' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower' s ri�ht� and benefits uzader this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this S�curity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and bene�t the successors and assigns of L�nder. <br />14. I.oan Charges. Lez�der may charge Borrower fees for service� performed in connection with <br />�orrower' s default, for the purpose of protecting L�ender' s interest in the Property and rights under this <br />Security Instrument, 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 Tnstrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the chargin� of such fee. Lender xnay npt charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />lf the Loan is subject to a law which sets maximum loan char�es, and that law is �nally interpreted so <br />that the interest or other loai� charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted lixnit; and (b) any surns already collected from Sorrower which exceeded perrzaitted <br />limits will be refunded to 'Snrrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by malcing a direct payment to Sorrower. I£ 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). Borrower' s acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver pf any right of action Borrower might. have arising out <br />of such overchar�e. <br />15. Notices. All notices given by Borrower or Lender in connection with this 5ecurity Tnstrument. <br />must be in writing. Any nptice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Sorrower when mailed by �rst class mai1 or when actually delivered to Borrower' s <br />nptice 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 Bprrower 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 procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />231030 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTI2UMENT ( � <br />�-Fi(NE) (0811) Page 10 oF 15 in�('��_ �"`Form 3028 1/D1 <br />� <br />
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