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201100197
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Last modified
1/11/2011 2:35:11 PM
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1/11/2011 1:12:28 PM
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DEEDS
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201100197
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2ui�QO��� <br />acceleratian has occurred, reinstate as prov'rded in Section 19, by causin� the actian or proceeding to be <br />dismissed with a ruling Chat, in .I�ender' s judgment, precludes forfeiture of the Property ar other materia] <br />impairment of Lender's interest in fhe Property or ri�hts under tk�is Security InsCnxment, The proceeds of <br />any award or claim for damages that are attributable to the zmpairment of Lender's interest in the Prvperty <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 Nc�t Released; Forbearance By Lender Not a Waiver. Extension of the tirne for <br />payment or modi�cation af amortization of the sums secured by this Security Ir�strument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of F3orrower <br />or any Successors in Interest of Borrawer. Lender shall not be required Co commence proceedings against <br />any Succestior in Interest of $orrower or ta refuse to extend tirne for payment or otherwise modify <br />arnortization of the sums secured by this Secnrity Instrument by reason of any demand made by the o�ginal <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without lirnitacion, Lender's acceptance of payments from third persons, ent'rties or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />precludc the exercise of any richt or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Eound. Borrower covenants <br />and agree5 that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signa this Security lnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and canvey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sum5 secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, madify, forbear or <br />make any accommodations with regard to the t�rms of this S�curity Instrument or the Nate without the <br />co-signer's consent. <br />Sub to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />�3�r► obligatipns under this Security Instrument in writing, and is approved by Lender, shall obCain <br />al] of' Borrower' s rights and benefit� under tliis Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writin�. The cavenants and agreements of this Security Instrument. shal] bind (except as provided in <br />Section 20) and be:nefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perFormed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Praperty and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard t� any other fees, the absence of express authority in this 5ecurity Instrument to charge a specific <br />fee to Borrower shall not t�e construed as a prohibition on t�e eharging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Secunity Instrument or by Applicable Law. <br />If the l.,oan ia subject to a law which sets maximum loan char�es, and that law is �nally interpreted so <br />that the interest or other loan charges coliected or to be collected irz connection with the Loan exceed the <br />pexizzitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge ta the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to }3orrower. Lender may choose to make this refund by reducin� the principal <br />owed under the Note or by malcing a direct payrnent to Borrawer. If a refund reduces principal, the <br />reductipn will be treated as a partia] prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Nate). Borrower' s acceptance of any such refund made by <br />direct payment to Barrower will constitute a waiver of any right of action Barrower might have arising out <br />of sueh overcharge. <br />I5. Notices. A11 notices given by Bprrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrawer in connection with this Security Instrument sha11 be deemed to <br />have been given ta Barrower when znailed by first cla�s mail or when actually delivered to Enrrower's <br />notice address if sent by other means. Notice to any one Barrower 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 x substitute notice address by notice to Lender. Soz shall promptly <br />notify Lender of Borrower's change of address. Jf Lender specifies a procedure for reportiz�g Borrower's <br />change of address, then Borrower shall only report a change of address throug that specified procedure. <br />231034 <br />NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFORM INSTRUM �NT <br />�-6(NE� (0811) Page 10 of 15 lnitia Form 3p2$ 1/D1 <br />� <br />S � Y l <br />
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