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201109210
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12/8/2011 9:11:44 AM
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12/8/2011 9:11:44 AM
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DEEDS
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201109210
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2011092�0 <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 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 secured by this Security Instnunent 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 pr�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 />agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security 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 Properly under the <br />terms of this S�urity Insmiment; (b) is not personally obligated to pay the sums se,cured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agre,e 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 />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instnunent in writing, and is approved by Lender, sha11 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 agr�s to such release in <br />writing. The covenants and agr�ments of this Security Instrument 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 conne,�tion with Bonower`s <br />default, for the purpose of prote,cting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to <br />any other fees, the absence of express authority in this 5ecurity Instrument to chazge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument 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 chazges colle�ted or to be collected in conn�tion with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the permitted lunit; 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 chazge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Borrower will constitute 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 Bonower in connection with this Security Instrument shall be d�med to have been <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 Bonowers unless Applicable <br />Iaw expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFOHM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/01 <br />VMP81NE) (110b) <br />Page 17 of 17 <br />
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