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201107034
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Last modified
10/9/2011 10:52:32 PM
Creation date
9/22/2011 3:54:06 PM
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DEEDS
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201107034
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20 ��0743� <br />12. Borrower Not Released; Forbear�nce By Lender Not e Waiver. Extension of the time for payment or <br />modifica.tion of amortization of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower sha11 not operate to relea.se the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint end Sever�l Liability; Co-signers; Successors and Assigns Bound. Borrower covena,nts and <br />agzees tha.t Borrower's obligations and liability shall be joint 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 oniy to mortgage, grant and convey the co-signer's interest in the Progerty under the <br />terms of this Security Instrument; (b) is not pezsonally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or ma.ke <br />any accommodations with regard to the terms of this 3ecurity Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any 5uccessor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instcvment in writing, and is approved by Lender, shall obta.in all of <br />Borrower's rights and benefits under this Securiry Instrument. Borrower shall not be released from <br />Borrower's obligations and lia.bility under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Insirument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Progerty and rights under this Security <br />Instnunent, including, but not limifed to, attorneys' fees, pmperty inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Borrawer shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prolubited by this Security Instrument or by Applicable L,aw. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />germitted limits, then: (a) any such loan charge sha11 be reduced 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 Bonrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of wy such refund made by direct payment to <br />Borrower will constilute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been <br />givsn to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other m�anc, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Sir�la Family-Fannfa Mee/Fraddia Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />V�P � VMPBWE) 19 706).00 <br />Wolters Kluwer Finarxial Sarvicas Page 11 of 17 <br />
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