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201107663
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201107663
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10/14/2011 10:19:27 AM
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10/14/2011 10:19:26 AM
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DEEDS
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201107663
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�01107663 <br />72. Borrower Not Rele�sed; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Banower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proc,eedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or othenvise modify amortization <br />of the sums secured by this Security Instcvm�nent by zeason of any demand made by the original Borrower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remerly <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 />7 3. Joint and Several Liability; Co-sig�ners; Successors and Assigns Bound. Borrower covenants and <br />agrees that Bonower's obligarions 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 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 />Insriument; and (c) agrees that Lender and any other Borrower can agr� to emend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Se�tion 18, any Successor in Interest of Borrower who assumes Bortower's <br />obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of <br />Borrower's rights and benefits under this S�urity Instrument. Borrower shall not be released from <br />Bortower'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 sha11 bind (except as provided in Se�tian <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connecrion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Securiry <br />Instrument, including, but not limited to, attomeys' fces, property inspection and valuation f�s, In regazd to <br />any other fee.s, the absence of express authority in this SECUrity Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are e�ressly 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 finaUy interpreted so that <br />the interest or other loan chazges colle�ted or to be colle.cted in connecrion with tha Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitt� 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 owed <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by dire,ct payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. A11 notices given by Borrower or Lender in connection with this Security Insm�ment must be in <br />wtiting. Any norice to Bvnower in connecrion with this Security Instrument shall be deenned to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall constitute norice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM �NSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/Ot <br />YMPBINE) �7106) <br />Page 7 7 of 17 <br />'C , <br />� �� � . � . <br />
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