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201106079
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8/17/2011 10:49:10 AM
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8/17/2011 10:49:09 AM
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201106079
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�o��o�o7s <br />acceleration has occurred, reinstaxe 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 Properiy 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 interest in the Property <br />aze hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Properly 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 sutns secured by this S�urity Instrument granted by Lender <br />to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Bonower. Lender shall not be requu�ed to commence proceedmgs against <br />any Successor in Interest of Bortower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums s�ured by this Security Instrument 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; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Seaurity 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 under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Insmnment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regazd to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Bonower's obligations under tlus Securiry Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Bonower 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 agreements of this Security Instrument shall bind (except as provide� in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower f�s for services performed in connection with <br />Borrower's default, for the purpose of prot�ting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attomeys' fees, properly inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />f� to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />f�s that are expressly prohibited by this Security Instrument 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 coll�ted or to be colle,cted in connection with the Loan excced the <br />permitted limits, then: (a) any such loan chazge shall be reduce�i 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 Bonower. 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 />dir�t payment to Bonower will constitute a waiver of any right of action Borrower might have arising out <br />of such overchazge. <br />15. Notices. All notices given by Borrower or Lender in conn�tion with this Security Instrument <br />must be in writing. Any notice to Bonower in conne,ction with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to a11 Bonowers <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 Bonower's change of address. If Lender sp�ifies a procedure for reporting Bonower's <br />change of address, then Borrower shall only report a change of address thro h that specified proceflure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (os111 Page 10 of 16 Initials: Form 3028 1/O1 <br />� <br />
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