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201103614
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Last modified
5/25/2011 8:49:40 AM
Creation date
5/13/2011 8:36:35 AM
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DEEDS
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201103614
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2o11�3s�� <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 Se.curity Insmiment. The proc.eeds of <br />any awazd or claim for damages that are amibutable 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 modificarion of amortizarion of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Bortower sha11 not operate to release the liability of Borrower <br />or any Successors m Interest of Borrower. Lender shall 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 sums secured by this Security Instrument by reason of any demand made by the original <br />Bonower 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, enriries or <br />5uccessors in Interest of Borrower ar in amounts less than the amount then due, shall not be a waiver of or <br />pre,clude the exercise of any right or remedy. <br />13. .T�int amd Several Liabiiity; Ca-ssi�ers; Successors and Assigns Boetnd. Bonower covenants <br />and agr�s that Borrawer's abIigations an� liabiiity shall be jo�t an� several. However, any Borrower who <br />ca-signs this �curity Instrument but does not execute the Note (a "co-signer"): (a) is co-sigmng this <br />Se,curity Instrument onty to mortgage, grant and convey the co-signer's interest in the Property under the <br />ter� of ttus Security Instniment; (b) is nat personally obligated to pay the sums se,cured by tlus Security <br />Instrumeut; and (c) agrees that Lender anc� any other Bortower c�n agr� to e�tend, modify, forbear or <br />make aBy acxommoc�ations with rega.rcF to the ter� �f this Seeurity I�astrument or the Note without the <br />co-signer's cansent. <br />Suhje,ct to tfie provisions of �rion I8, au}� Successar in T�erest of Bonower �uho assumes <br />Borrovver's obligations uuder this Security Insttument in writing, anct is apgrov� by Lender, shall obtain <br />all of Barrowe�'s rights and benefits under tfiis Security Instrument. Borrower shall not be released from <br />Borrower's obligations and Iiatiility under t�is �ecurity InsUvment uatess L.ender agrees to such release in <br />writing. The covena.nts and agreements of this Security Insiz�er.ment sha}S bind (except as provic�ed in <br />Section ZO) and tr�nefit the successors and assigns of T,ender. <br />I4. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's defa.ult, for the purpose o€ protecting Lender's interest in the Property and rights under this <br />Security Instrnment, including, but not Iimited ta, attorneys' fees, grogeriy inspection and valuation fees. <br />In regard to any other fees, the abseIICe of express authority in this Security Instrument to charge a specif�c <br />fee to Banower shall not be construed as a prohibirion on the charging of such fee. LendEr may not charge <br />fees that are expressly prohibited by this 5ecurity Tnstrument 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 connecrion 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 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 />reducrion will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the I�ote). Borrower's acceptance of any such refund made by <br />direct payment to Bonower 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 connecrion with this Security Instrument <br />must be in writing. Any norice to Borrower in connection with this Security Instrument shall be deemed to <br />have heen given to Bonower when mailed by first class mail or when actually delivered to Borrower's <br />norice address if sent by other means. Norice to any one Bonower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address <br />unless Bonower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />norify 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 - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEWT <br />�-6(NE) �osi il Page 70 of 15 inrc�ais: Form 3028 1/01 <br />� <br />
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