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201100281
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1/14/2011 1:21:08 PM
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1/14/2011 1:21:08 PM
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DEEDS
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201100281
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2oi�oo2si <br />acceleration has occurred, reinstate as provided in Section 19, by causing the actian or proceeding to be <br />disrnissed with a ruling that, in Lender's judgrnent, precludes forfeiture of the Property or other material <br />impairment of L,ender's interest in the Property or rights under this Security Instruznent. 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 h�reby assign�d and shall be paid to L.cnder. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Praperty shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extension af the time for <br />payrnent or modification of amortization of the sums secured by this Security Instrurnent granted by Lender <br />to Borrower or any Successar in Interest af Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to cornrnence proceedings against <br />any Successor in Interest af Barrower or to refuse to extend time for payment or otherwise madify <br />amortization of the sums secured by this Security Instrument by reasan of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />rernedy including, without limitation, Lender's acceptance of payments frorn third persons, entities or <br />Successars in Interest of Borrower 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. Hawever, any Borrower who <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this $ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrawer can agree to extend, modify, forbear or <br />make any accornrnodations with regard to the terms of this Security Instrument or the Note wiChout 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 under this Security Instrument in writing, and is approved by Lender, shall obtain <br />a11 of Borrower's rights and benefits under this Security Instrument. Barrower sha11 not be released from <br />Borrower's obligations and liability under this Security Instrument unless I,ender agrees to such release in <br />writing. The covenants and agreements af this Security Tnstrument shall bind (except as provided in <br />Section 2p) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L.ender may charge Borrower fees for services performed in cannection with <br />Borrower's default, for the purpose of protecting Lender'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 Instrument to charge a specific <br />fee to Sorrower shall not be construed as a prohibition on the cha�rging of such fee. I.ender may nat charga <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />If the Loan 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 collected in connection with the Loan exceed the <br />percnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary ta reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. L.ender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. 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). Borrower's acceptance af any such refund made by <br />direct payment ta Borrower will constitute a waiver of any right of action Borrower might have arising ouC <br />of such overcharge. <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 connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice ta 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 notice to T.ender. Borrower shall promptly <br />notify L.ender 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 />NEBRASKA - Single Family - Fanni6 Mae/Frgddi� Mac UNIFORM INSTRUMENT ('/ <br />�-61NE) ioa>>1 paae �o ar i5 inmais: W Form 3028 1/01 <br />� <br />. , , r <br />
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