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201106441
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201106441
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Last modified
8/30/2011 8:41:18 AM
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8/30/2011 8:41:17 AM
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DEEDS
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201106441
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�O��OG44� <br />for damages that are atlributable to the impairment of Lender's interest in the Property are hereby assigned <br />and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />11. Borrower Not iteleased; Forbearance By Lender lvot a Waiver. Extension of the time for payment <br />or modification of amortization of the sums secured by this Security Instnunent granted by Lender to Borrower <br />or any Successor in Interest of Borrower sha11 not operate to release the liability of Bonower or any Successors <br />in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest <br />of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by <br />this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less <br />than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Joint and Several Liability; Casi�ers; Successors and Assi�s Bound. Borrower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs <br />this Security Instrument but does not execute the Note (a "co-signer"): (a) is casigning this Security Instrument <br />only to mortgage, grant and convey the co-signer's interest in the Properly under the terms of this Security <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees <br />that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with <br />regard to the terms of this Security InsUvment or the Note without the co-signer's consent. <br />Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Instzvment in writing, and is approved by Lender, shall obtain all of Bonower's <br />rights and benefits under this Security Instrument. Bonower shall not be released from Bonower's obligations <br />and liability under this Security Instavment unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors <br />and assigns of Lender. <br />13. Loan Charges. Lender may charge Bonower fees for services performed in connection with <br />Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In <br />regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that <br />are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, 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 exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the chazge <br />to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will <br />be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the <br />Note or by making a d'uect payment to Borrower. If a refund reduces principal, the reduction will be treated <br />as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is provided <br />for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be <br />in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given <br />to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by <br />other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly <br />requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute <br />notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower sha11 only report a change <br />of address through that specified procedure. There may be only one designated notice address under this Security <br />Instnunent at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class <br />NEBRASKA—Single Family—UNIFORM INSTRUMENT <br />PIEBRASKA-MERS � G ay ��� o <br />000043491� <br />ITEM 2697L9 ( 072711) <br />RETZLAFF,E0000434918 <br />
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