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201108871
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Last modified
12/1/2011 3:02:30 PM
Creation date
11/29/2011 8:49:36 AM
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DEEDS
Inst Number
201108871
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20110887� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortizarion 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 Borrower or any • <br />Successors in Interest of Bonower. I,ender shall not be required to commence procee�ings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this S�urity Instrument by reason of any demand made by the original Borrower or <br />any S�ccessors 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 reme�y. <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 S�urity Instrument but does not ex�ute 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 Se,curity Instnunent; (b) is not personally obligated to pay the sums secureri by ttus Securiry <br />Instnament; and (c) agrces that I.ender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this S�urity Insmiment or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Se,ction 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Se,curity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agr�nents of this S�urity Instrument shall bind (except as provided in Sectio,n <br />20) and benefit the successors and assigns of L.ender. <br />14. Loan Charges. Lender may chazge Borrower fees for services performed in conn�tion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' f�s, property inspe�tion 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 />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s <br />that aze expressly prohibited by this S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpret� so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exc�d the <br />permitted limits, then: (a) any such loan charge shall be reduc.ed by the amount necessary to reduce the <br />charge to the permittecl limit; and (b) any sums already collected from Borrower which exc,ee�ierl permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal o�s+efl <br />under tiie Note or by making a direct payment to Borrower. If a refund reduc� principal, the re�uction wi11 <br />he �eated as a partial �repaymemt without any prepayment charge (whetl�er or not a prepayment charge is <br />provided for under t�e Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will constiU3te a waiver of any right of acrion Bonower might have arising out of such overcharge. <br />� 5. Notices. All norices given by Borrower or Lender in conn�tion with this S�urity Instrument must be in <br />writ�ng. Any notic� to Bonower in connection with this S�urity Instrument shall be deemed to have bcen <br />given to Bonower when ma.iled by first class mail or when actually deliverefl to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall consritute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />IVEBRASKA-Single Family-Fannia Mae/Freddie Mac UNIFORM I(VSTRUMENT Form 30Z8 1l01 <br />VMP � VMPBfNE) (1105) <br />Wolters Kluwer Finencial Services Paga 11 of 17 <br />�+ ! �: 'r �. . . <br />
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