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201106201
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9/14/2011 12:35:14 PM
Creation date
8/19/2011 4:14:34 PM
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DEEDS
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201106201
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�o��os2o� <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 I,ender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Properiy or rights under this S�urity Instrument. The proceeds of <br />any award 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 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 modification of amortization of the sums secured by this S�urity Instrument granted by Lender <br />to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower <br />or any Successors in 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 paymerit or otherwise modify <br />amortization 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 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 aznount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and 5everal Liability; Co-signers; Successors and Assigns Bound. Bonower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Se�urity 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 />Instrument; and (c) agrees that Lender and any other Bonower can agr� 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 this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Bonower's rights and benefits under this Security Instaument. Borrower shall not be released from <br />Bonower's obligarions and liability under this Security InstYUment unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in conn�tion with <br />Borrower's default, for the purpose of prot�ting Lender's interest in the Properry and rights under this <br />Security Instrument, including, but not limited to, attomeys' f�s, property inspection and valuation fees. <br />In regazd to any other fees, the absence of express authoriry in this S�urity Instrument to charge a specific <br />f� to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge <br />fees that aze 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 collected or to be collected in connecrion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduceci by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borrower which exceeded pemutted <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 dir�t payment to Borrower. 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 />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 conne,ction with this Security Instrument <br />must be in writing. Any notice to Borrower in connection 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 Borrower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute notice to all 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 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) 1os>>� Page 10 of 15 tr,me� Foem 3028 1/01 <br />0 <br />
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