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201104288
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201104288
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6/7/2011 4:38:50 PM
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6/7/2011 4:38:49 PM
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DEEDS
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201104288
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20i1�4��� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the acrion 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 L.euder's inteFest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impaiiment of Lender's interest in the Property <br />are hereby assigne� and shall be paid to I.ender. <br />All MiscelIan�us Proceeds that are not applied to restoration or repair of the Property shall be <br />appliect in the orc�er 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 I,ender <br />to Bonrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower <br />or any Successors uz Interest of Bonower. Lender shall not be required to commence proceedings against <br />any Suac�ssar in interest of Borrower or to refuse to extend rime for payment or otherwise modify <br />amortizarion 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 Bnrrower. 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. �oint and Seveaal Lia6i�ity; Co-signers; Successars and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligarions and liability sha11 be joint and several. However, any Borrower who <br />co-signs this Sec�xYty Instrument but does not execute the Note (a "co-sigaer"): (a) is co-signing this <br />Security Instrument onty to mortgage, grant and convey the co-siguer's. interest in the Property under the <br />terms of this Security In.strument; (b) is not personally obligated to pay the sums secured by this Security <br />Instnunent; an� (c} agre�es that L.ender and any other Borrower can agrce to extend, modify, forbear or <br />make any accomm�atians with regazd to the terms of this Security Insixument or the Note without the <br />co-signer. s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Barrower who assumes <br />Borrawer's obligations imc�er tttis Security Instniment in writing, and is approved by Lender, sba11 obtaia <br />a11 of Borrower's rights aud tsenefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations a�� Iiability under this �curity Instrument unless I.ender agrees to such release in <br />writing. 'Fhe covena�ts and agreements of tlus Security Instr�ment shall bind (except as provided in <br />Section 20j and benefit the successors and assigns of I.ender. <br />l4. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Banower's default, for the purpose of prote,cting Lender's interest in the Property and rights under this <br />Security Instnunent, includis�g, but not Iimited to, attorneys' fees, property inspecrion and valuation fees. <br />In regard Co any ottter fees, the absence of express authority in tYus Security Instrument to charge a specific <br />fee to Bortower shall not he construed as a prohibirion on the charging of such fee. Lender xnay not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject ta a Iaw which sets maximum loan charges, and thaz law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in cannecrion 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 pennitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make tlus refund by reducing the principal <br />owed under the Note or by malfing a direct payment to Bonower. If a refund xeduces 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 Bonower will consritute a waiver of any right of action Bonower might have arising out <br />of such overcharge. <br />15. Notices. All norices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any norice to Borrower in conne,ction with this S�urity Instrument 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 a11 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. Bonower 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 - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (oet i� Page 10 af 15 Initials: <br />, ���.! ° <br />� " , <br />Form 3028 1l01 <br />
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