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201101964
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Last modified
3/14/2011 12:01:49 PM
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3/14/2011 12:01:48 PM
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DEEDS
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201101964
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2011�19�� <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 the Property or rights under this Securiry Instrument. 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 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 Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender sha11 not be required to 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 suzns secured by this Security Instnunent 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 payments from third persons, entities or <br />Successors 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; Casigners; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and severat. However, any Borrower who <br />co-signs this Security Instnunent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, farbear or <br />make any aceorru�ations with regard to ttie terms of this Security Instr�ment or the Note without the <br />co-signer's c:onsent. <br />Subject to che provisions of Section 18, any Successor in Interest of Bonower who assurnes <br />Bonower's Qbiigations vnder this Security Instr�ment in writing, and is apgraved by Lender, shali obtain <br />all of Borrower's rights azid benefits under this Security Instnunent. Borrower shall not be reieased from <br />Bonower's obligatiQns a�t liahitity under this Security Instrument unless Lencter agrces to such release in <br />writing. 'Ihe covenants arn� agreements af this Security Instrument shatl bind (except as provided in <br />Section 2Q) anc� beaefit the successors anci assigns of Lender. <br />I4. I.oan C�arges. I.ender may charge Borrower fees for services performed in connection with <br />Bonower's ctefault, for tEte purpose of gmtecting I.ender's interest in the Property and rights under this <br />Security I�, incIuding, but not Iimited ta, attorneys' fees, property inspecrion and valuation fees. <br />In regard to a�y attcer fees, ttce �bsence of exgress authority in this Security Instrument to charge a specif�c <br />fee to Borrower shal� �t be construecY as a prohihitian on the charging vf such fee. Lender may nQt charge <br />fees that are expressty prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a Iaw which sets maximum loan charges, and that law is finatly interpreted so <br />that the interest or other loan charges collected or to be collected in connectian with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to 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. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Bonower. 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 of any such refund made by <br />direct payment to Borrower 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 to Borrower in connection with this Security Instnunent 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 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. 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 Bonower shall only report a change of address through that specified procedure. <br />NEBRASKA - Sing�e Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) (osi i1 Page 10 of 15 �nitials: Form 3028 1l07 <br />� � r <br />
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