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201100377
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1/19/2011 1:11:20 PM
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1/19/2011 1:11:19 PM
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DEEDS
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201100377
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2o�ioo377 <br />dismissed with a ruling that, in Lender's judgment, precludes £pr#'eiture of the Property or other material <br />imparnment of Lender's interest in the Property or rights under tivs Security Tnsirument. The proceeds of <br />auy award or claim for damages that are ariributable to the impairnieut ofLender's interest in the Properiy <br />are hereby assigt�ed and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoratipn or repair of the �roperty shall be <br />applied in khe order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lendex Not a Waiver. Extension of the time for <br />payiment or modi�cation of amortization af the 5ums secured by this Security inshvmetit granted by Lender <br />to Borcower or any Successor in Inte�rest of Borrawer shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be requireri to commence proc�edings against <br />any 5uccessor in interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the suuns secured by this Security Instnunent by reason pf atly demand made by the original <br />Barrower or any Suc�essors in Interest of Borrower. Atty forbearance by Lender in e�cercising any right or <br />remedy including, without lirnitation, Lender's acceptance of payments frorn third persons, entities or <br />Successors .in Interest of Borrower or in amounts less than the amaunt then due, shall not be a waive�t 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 sha11 be joint and several. Hawever, any Borrawer who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-srgning this <br />Security Instnament only ta mortgage, grant and convey the co-signer's interest in the Property under tha <br />terms of this Security lnstrurnent; (b) is not personally oblrgated ta pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Sorrower can agree to extend, modify, forbear or <br />make any accomnnodations with regard to the terms of this Security Instrument or the Note witlaout the <br />ca-signer's consent. <br />Subject to the pravisions of 5ection 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this S�curity Instrumeut in writing, and is approved by Lender, shall obtain <br />all of Borrawer's rights and benefits under this Security Instrument. Borrpwer shall not be released from <br />Borrower's obligatiotts and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this 5ecurity Instrument sha11 bind (except as provided in <br />Section 20) and benefit the successors arid assigns of Lender. <br />14. Loan Charges. Lender may charge �orrower fees for services performed in connectian 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 inspectian and vaGluation fees, <br />�n regard to any other £ees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrawer shall not be constxued as a prohibition on the charging of such fee. Lender rnay not 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 maximum loan charges, and that law is finally inkerpreted so <br />tha# the interest or other loan charges collected or to be callected in connection with the Loan exceed the <br />pertnitted limits, the►a: (a) any sueh loan charge shall be reduced by th0 amount necessary to reduce the <br />charga to tlie pennittad limit; and (b) any sutns already collected from Bonower which exceeded permitted <br />litnits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under khe Note or by rxtaking a direct payranent to Barrower. If a refund reduces prrncipal, the <br />reduction wil.l be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). �orrower' s acceptance of any such refund made by <br />drrect �ayment to Borrower will constrtute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />1S. Notiees. All notices given by Bc�rrower ar Lender in conn�tion with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstrument shall be deemed to <br />have been given to Borrawer when mailed by first class mail or when actually delivered to Sortower's <br />notice address if sent by other means. Notice to any one Borrdwer shall canstitute notice to all Borrowers <br />unless AppHcable Law expressly xequires otherwise. The notice address shall be the Praperty Address <br />unless Borrower has designat�d a substitute notica address by notice to Lend�r. 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 Bortower shall only report a change of address through that speci�ed procedure. <br />2200091456 D V6ANE <br />NEBRASKA - Singla Fsmily - Fannle Mae/Freddle Mac UNIFQRM INS7'RUMENT WITH ER5 <br />�-BA�N� �oaiol agpe io or i5 inmais: � Form 3028 1/01 <br />c�i <br />
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