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201102962
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201102962
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Last modified
5/25/2011 8:47:27 AM
Creation date
4/19/2011 10:55:04 AM
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DEEDS
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201102962
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2011029 <br />dismissed with a ruling that, in Lender's judgnent, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any awazd or claim for damages that are attributable to the impairment of Lender' s intetest in the Property <br />aze hereby assigned and shall be psid to Lender. <br />All Miscellaneous Proceeds tUat are not applied to restoration or repair of the Property shall be <br />applied in the ord� provided for in Section 2. <br />12. Borrower Not Released; Forbearaoce By Lender Not a Waiven Extension of the time for <br />payment or modification of amortization of the sums secured by this Secutity Instrument ganted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower <br />or any S�tccessors in Interest of Borrowcr. Lender sLall not be required to comtnence 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 />Bonower or any S�ccessors in Interest of Borrower. Any forbeazance by Lender in exercising any right or <br />remedy including, without limitarion, Lender's acceptance of paymeats from third persons, entities or <br />S�ccessors in Interest of Bonower or in amounts less tl�an the mmount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several I.iabilfty; Co-signers; Successors and Assigns Bound Bonowu covenants <br />and agrees that Borrower's obligations and liability sl�ll be joint and seveaal. However, any Boaower who <br />co-signs tlris Securiry Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Inshvment only to mortgage, grant and wnvey the co-signer' s interest in the Property under the <br />terms of tbis Secwity Ins�ument; (b) is not personally obligated to pay the sums secured by tlas Security <br />Instrument; and (c) agrees that Lender and any otltet Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Sub�ect to the provisions of Section 18, any S4�ccessor in Interest of Borrawer who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bettefits under tlus Seauity Inshvment. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and a�eements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower fees for services performed in connecrion with <br />Borrower's default, for the purpose of protscting Lender's interest in the Property and rights under tlus <br />Security Inshument, including, but not limited to, attorneys' fees, property inspection and valuatian fees. <br />In regazd W any other fees, the absence of express authority in this Seciuity Inshvment to chazge a speciSc <br />fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that aze expressly prolilbited by this Security Inshument or by Applicable Law. <br />If the Loan is subject to a law wlrich sets maximum loan chazges, and that law is finally interpreted so <br />that the interesc or other loan chazges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted lunit; and (b) any sums already collected &om Borrower wluch acceeded 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 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 of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of acrion Bo:rower might have arising out <br />of such overchatge. <br />15. Notices. All notices given by Boaower or Lender in connection with this Security Instrum�t <br />must be in writing. Any notice to Bonower 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 delivaed to Borrower' s <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute norice address by notice to Lender. Borrower sLall gromptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporLing Borrower's <br />change of address, then Bonower sLall only report a change oF address through that specified procedure. <br />10-12301 <br />NEBRASKA -Single Family-FannR MaslFroddle Mae UNIFORM INSTRUMENT WITN MERB <br />�-6A(NE��oeto) rage�aoris mmma:_ Form3028 1f01 <br />� � � <br />
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