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201108942
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12/1/2011 3:04:54 PM
Creation date
11/30/2011 8:58:43 AM
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201108942
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�0110894� <br />12. Borrower Not Released; 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 Bonower <br />or any Successor in Interest of Borrower shall not operate to release 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 Instnunent by reason of any demand made by the original Borrower 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, entiries 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 and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower'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 />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of tlus Security Instrument; (b) is not personally obligated to pay the sums se�ured by this S�urity <br />Insm�ment; and (c) agr�s that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodarions with regard to the terms of this Security Instivment or the Note without the co-signer's <br />consent. <br />Subje,ct to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes �nower's <br />obligations under this Security Instivment in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligarions and liability under this Security Insmiment unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instniment sha11 bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge �rrower f�s for services performefl in conn�rion with �rrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�uriry <br />Instrument, including, but not limited to, attorneys' fees, property inspe,ction and valuation fees. In regazd to <br />any other fees, the absence of express authority in this Se�urity Instrument to charge a specific fee to <br />Borrower shall not he construed as a prohibition on the chazging of such f�. L.ender may not charge fces <br />that are expressly prohibited by this Security Insm�ment 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 that <br />the interest or other loan charges coll�ted or to be colle.cted in conn�tion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount ne,cessary to reduce the <br />chazge to the permitte� limit; and (b) any sums already coll�ted from Bonower which exc,eeded permittefl <br />limits will be refunde� to Bonower. Lender may choose to make this refund by reducing the principal o�ved <br />ugder t�e Note or by maldng a dir�t payment to Borrower. If a refund reduces principal, the rerluc�ion will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment chazge is <br />provide� for under the Note). Borrower's acceptance of any such refund made by dir�t payment to <br />�orrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in conn�tion with this S�urity Instrument must be in <br />writing. Any norice to Bonower in conn�tion with this Security Instrument shall be deemed to have b�n <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice 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 notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wokera Kluwer Financial Services <br />Fmm 3028 1/01 <br />VMP6(NE) (1105) <br />Page 11 of 17 <br />�, <br />v 'r <br />
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