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201104883
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7/1/2011 9:59:18 AM
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7/1/2011 9:59:17 AM
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DEEDS
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201104883
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�� <br />�ol�o���� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proaeeding 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 interest in the I'roperty or rights under this Se,curity Instrument. The proceeds of <br />any awazd or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and skall 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 Secrion 2. <br />12. Borrower Not Released; Forfoearance By Lender Not a Waiver. Factension of the time for <br />payment or modification of amortization of the sums secured by this Se,curity Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to telease the liability of Bonower <br />or any Successors m Interest of Borrower. Lender shall not be required to commence proceedmgs against <br />any Successor in Interest of Borrower or to refuse to extend time 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 5uccessors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without Iimitation, I.ender's acceptance of payments from third persons, entities or <br />Successors in Interest of Bonower or in amounts less than the amount then du.e, shall not be a waiver of or <br />pre,clude the exercise of any rigfit or rem�y. <br />13. Joint and Several Liability; Co-siigners; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be join;t 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 Instrument only to mortgage, grant and convey the co-signer's interest in the Property urider the <br />terms of this Security Instrument; (b) is not gersonalIy abligated to pay the sums secured by this Security <br />Instrument; and (cj agrees that Lender and any other Borrvwer can agree to extend, madify, forbear or <br />make any accammodations with regard to the terms of this 5ecu,rity Insmunent or the Note without the <br />co-signer`s consent. <br />5nbject to the grovisions of Sectio� I8, any Successor in Irne�est of BQrrower who assumes <br />Borrower's obligations uuder this Security �nctn�e*** in writ7ug, and is approved by Lender, shall obtain <br />aIl of Borrower's rights anct benefits under thi.s Seanrity Instr�tm�nt. Bnrrower shall not be released from <br />Bonower's obligations and liability under this S�urity T,nstrament uuless Lender agrees to such release in <br />wtiting. The eovenants and agreements of this Seeurity Insirument shall bind (except as provided in <br />Section 20) and benefit the suecessors ancfi assigns of I.enc�er. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in conn�tion with <br />Barrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />S�urity Tnstnunant, including, bnt not limited to, attorneys' fees, pmperty inspection and vatuation fees. <br />In regard to any other fees, the absence of express authority in this �curity Instrument to charge a specific <br />fee to Bonower sha.tl not be construed as a prohibition on �iie claarging of such fee. Lender may not charge <br />fees that are expressly prohibited by this S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is fivally interpreted so <br />that the interest or other loan charges coliected or to he colle�ted in connection with the Loan exceed the <br />pernutted limits, then: (a) any such loan charge shall he reduced by the amount ne�essary to reduce the <br />charge to the germitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by malcing a direct payment to Borrower. If a refund reduces principal, the <br />retiuction will be treated as a partial prepayment without any prepayxnent charge (whether or not a <br />prepayment chazge is provided for under the Note). 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 tiave 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 S�urity Tnsmiment shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />norice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otb.erwise. The notice address shall be the Property Address <br />uuless Bonower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that sp�ified pmcedure. <br />NEBRASKA - Sing(e Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7 <br />�-6(NE� cost i� Page 10 of 15 Initials: � Form 3028 7/01 <br />� <br />
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