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201106098
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8/17/2011 10:52:18 AM
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8/17/2011 10:52:18 AM
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201106098
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�0�10�Og� <br />accelerarion has occurred, reinstate as provided in S�rion 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forFeiture of the Propesty or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award 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 applie� to restoration or repair of the Properiy sha11 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 amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or ang Successor in Interest of Borrower shall not operate to release the liability of Bonower <br />or any 5uccessors in Interest of Borrower. I,ender 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 />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 Bonower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitariom, 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; Successars and Assigns Bound. Bonower covenants <br />and agrees that Borrower's obligativns and Tiability shall be joint and severat. However, any Borrower who <br />co-signs this Se,curity Insntiment but does not exe,cute the Note (a "co-signer"): (a) is co-signing this <br />Se,curity Instr�unent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Securiry Iustrument; (b) is not personally obligated to pay the sums s�ured by this Se,curity <br />Instrument; and (c) agre,es that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instivment or the Note without the <br />CO-S1gIIe`L�S COIISBItt. <br />Subject to the grovisions of Section 18, any Successor in Interest of Bortower who assumes <br />Borrawer's obligations under this Security Instrument in vvritiug, and is appmved by Lender, shall obtain <br />alI of Borrower's rights anct benefits under this S�urity Instrument. Borrower shall not be released from <br />�rrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Securiry Instrument shall bind (except as provided in <br />S�tion 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of prote,cting Lender's interest in the Property and rights under this <br />Security Instrument, including, hut not limited to, attomeys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets masimum Ioan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exc,eed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount ne�essary to reduce the <br />charge to tbe permitted limit; and (b) any sums already collected from Bonower 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 />reduction will bs treated as a partial prepayment without any prepayment chazge (whether or not a <br />prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out <br />of such overchazge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to <br />have been given to Bonower when mailed by first class ma.il or when actually delivered to Borrower's <br />norice 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 norice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by norice to Lender. Bonower 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 INSTRUMENT <br />�-6(NE) (ost 1> Page 10 of 15 In(tials: Form 3028 1/01 <br />� <br />� � <br />
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