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201100482
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1/21/2011 1:25:30 PM
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1/21/2011 1:25:29 PM
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DEEDS
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201100482
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2o�i�o��z <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 or other material <br />impairment of Lender's interest in th� Property or rights under this Security insttvrnent. 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 hereby assigned and shall be paid to I.ender. <br />All Miscellaaneous Proceeds that axe not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Barrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modi�cation of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor 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 required ta commence proceedings against <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 Instrument by reason 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 />remedy including, without limitation, Lender's acceptance of payrnents from thixd persans, entities or <br />Successors in Interest af Borrower or in amounts less than the amount then due, shall not be a waiver of ar <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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrumant only to mortgage, grant and convey the co-signer's interest in the Praperty under the <br />terms of this Security Instnunent; (b) is not persanally obligated to pay the sums secured by this Security <br />Instnunent; and (c) agrees that Leander and any other Borrower can agree ta extend, rnodify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's cansent. <br />Subject to the provisions of Se�tion 18, any Successor in Interest of Borrower who assumes <br />Barrawer's obligations ui�der this 5ecurity Instnurient in writitlg, and is approved by Lender, shall obtain <br />all of Borrower's righ�s a� benefits under this Security Instnunent. Borrower shall not be released frorn <br />Borrower's obligations and liability under this Security Instn�ent unless Lender agrees to such release in <br />writing. The covesza�ts and agreements of this Security instrument shall bind (except as parovi�! in <br />S�tia�a 20) an� be��t k6e �sors and assigns af I.ender. <br />i4. Laan C6arges. Le�cfer may charge Bormwer fees for services perfc►rtned in caimection witfi <br />Borrower's cieffa�k far the purpase af prQte�ting Lender's interest in the Property azzd rig[zts uunder this <br />Security Instru�nt, ir�c�uding, but nat limited to, attorneys' fees, praperty inspection and vatuatiou fees. <br />In regard ta any ather fees, the absence of ezpress authority in this Security Instrument to charg� a speci�c <br />fee Co Borrower shali not be construed as a prohibition on the chazging of such fee. Lender amay not charge <br />fees that are expressly prohibited by tl�is Security Instrument or by Applicable Law. <br />lf the Loan is subject to a law which sets maxirnurn loan charges, and that law is �nally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the I.oan exceed the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted limit; and (b) any sums already collected from Borrower which exceeded pernutted <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 prepayrnent witlaout any prepayment charge (whether or not a <br />prepayment charge is provided far under the Note). Borrower's acceptance of any such refund �nade by <br />direct payrnent to Borrovver will constitute a waiver of any right of action 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 />must be in writing. Any notice ta Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when [nailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other rneans. 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 Borrower has designated a substitute notice address by notice to Lender. Borrawer shall prornptly <br />notify I.ender of Borrower's change of address. If Lender speciftes a procedure for reporting Borrower's <br />change of address, chen Borrawer shall only report a change of address through that specified procedure. <br />NEBRASKA - Single FBmily - Fannie Maa/Freddie Mac UNIFORM INSTRUMENT �, ���- <br />�-6(NE) lost �1 Page 10 of 15 Initials:���� Form 3028 1/01 <br />� <br />
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