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201107869
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10/24/2011 9:23:48 AM
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10/24/2011 9:23:48 AM
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201107869
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2os�o7ss� <br />12. Borrower Not Rele.ased; 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 Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bonower. 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 se�ureri by this S�curity Instrument by reason of any demaud made by the original Borrower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from thisd persons, entities or Successors in <br />Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or pre�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agr�s that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Insmiment only to mortgage, grant and convey the co-signer's interest in the Prvperty under the <br />terms of this Securiry Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrces that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subj�t to the provisions of Section 18, any �ccessor in Interest of Bonower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Insmiment. Bonower shall not be released from <br />Bonower's obligations and liability under this 5ecuriry Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fces for services performed in connection with Borrower's <br />default, for the puzpose of protecting Lender's interest in the Property and riglits under this Security <br />Instrument, including, but not limited to, attomeys' fees, progerty insp�rion and valuation fees, In regar@ to <br />any other fees, the absence of e�cpress authority in ttus Security Instrument to charge a sp�ific fee to <br />�nower shall not be constraed as a prohibirion on the charging of such f�. Lender may not charge fees <br />that are e�ressly prolubited by this Security Instrument or by Applicable Law. <br />If the Loan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges callected or to be collected in connection with the Loan exc,�d the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount ne�essary 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 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 charge (whether or not a prepayment charge is <br />provided for under tke Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will constitute a waiver of any right of action Bonower might bave arising out of such overcharge. <br />15. Notices, All notices given by Bonower or Lender in conn�tion with this Security Instrwnent must be in <br />writing. Any norice to Borrower in connection with this Security Instrument shall be deemed to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Bonower's norice address if <br />sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Famlly-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP � VMPBiNE) (9 i06) <br />Wolters Kluwer Financlal Services Page 11 of 17 <br />
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