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201109333
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Last modified
1/5/2012 9:48:08 AM
Creation date
12/14/2011 8:38:10 AM
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DEEDS
Inst Number
201109333
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2011093�3 <br />dismissed with a ruling that, in L.ender' s judgment, Precludes forfeiture of the Prope�y or other material <br />impairment of Lender° s interest in the Properiy ar rights under titis Security Instrument. Tha procee�s of <br />any award or claim for damages that are attn'butable to the impairment of I.ender' s interest in the Properly <br />are hereby a�ssigned and shall bepa�d to Lender. <br />All Miscellaneous Proc�eds that are not applied to restoration or repair of the Property shall be <br />applied in the arder provided for in Section 2. <br />12. Borrower Not Rele,ase,tl; Forbe�rance By Lender Not � R'aiver. Extension of the time for <br />payment or modific�tion of amorti�ation of tha sums se�ured by this Security Instn�ment granted by Lender <br />to Borrower or any Successor in Interest of Boirowet shall not operate to release the liability of Bouower <br />or any Succes.sors in Interest of Borrower. I,ender shall not be roquired to commence Pra�ings against <br />any Succ�sor in I�rterest of Borrower or to refuse to extend time for payment or otherwise modify <br />amorti�tion of the sums s� by tlus Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Intere,st of Borrowe�r. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, I.ender' s acceptance of payments from third persons, entities or <br />Success�ors in Interest of Boaowec or in amounts less than the. amowrt then due, sball not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint �nd Severel Liability; Casigners; Snccessors �nd Assigns Bonnd. Borrower covenant� <br />and agrees that Bosower's obligations and liability shall be joint and several. However, any Boaower who <br />co-signs this Security Instrument but daes not execute the Nota (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 swns secured by this Se�utity <br />Instrument; and (c) agrees that Lender and any other Borrower c�n agree to extend, modify, forhear or <br />make any accammo�ions with regazd to the terms of this Security Instrument or tha Note without the <br />co-signer's consent. <br />Subject to the grovisions of Se�tion 18, any Succes.sor in Interest of Bonower who ass�mes <br />Borrower' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower' s rightg and benefits under this Se�urity Instrimnen� Borrower shall not be rele,ase�i from <br />Borrower' s obligations and liability unde� this Se�urity Instmm�ent unless Lender agrces to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />�ction 20) and benefit the successors and assigas of Lende�. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in c�nneckion with <br />Bonower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fe�s, property inspection aad valuation fees. <br />In regard to any other fees, the �bsence of ex�sress authority in this Se�urity Instrument to charga a spacific <br />f� to Bonower shall not be construed as a prolu'bition on the charging of such f�. Lender may not chazga <br />fees that are expressly prolubited by tlus Security Inslrument or by Applicable Law. <br />If the Loan is subject to a law wlrich sets maximum loan charges, and that law is finally interpreted so <br />that the intere,vt or other loan charges collected or to be collected in conne�tion with the Loan exc�ed tbe <br />permitted limits, then: (a) any such loan charge shall be reduced by the amownt n�essary to reduce the <br />charge to the permitted limit; and (b) any sums alr�dy collected from Bonower which exceeded pe�itted <br />limits will be refimded to Boaower. Lender may choose to make this refimd by reducing the principal <br />owed under the Note or by making a direct payment to Borrowe�. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptanca of any such refund made by <br />direct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Bonower ar Lender in coimection with this Sacurity Inslrumeat <br />must be in writing. Any notice to Bortower in coffie�tion with this Security Instrument shall be deeme�i to <br />have been given to Borrower when mailed by first class mail or when ach�ally delivered to Bonower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires othervvise. The notice address sha11 ba the Properiy Address <br />unless Borrower has designatad a substitute notice address by notice to Lender. Bonower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Bonower' s <br />change of address, then Bonower sha11 only report a change of address through that specified procadure. <br />2200194778 D V6AN� <br />NEBRASKA - Singie Family - Fannle Mae/Fr�eddle Mac UNIFORM INSTRUMENT WRH <br />�-6A(NE� Ios�o1 PeBe 10 of 76 int� : Form 3028 1101 <br />� <br />
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