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201109351
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12/14/2011 8:41:31 AM
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12/14/2011 8:41:30 AM
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201109351
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201109351 <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 S�urity Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proce�iings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or othervvise modify amortization <br />of the sums secured by this Security Instrument 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 remefly <br />including, without limitation, Lender's acceptance of payments from third 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 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 Se,curity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Inst�ument only to mortgage, grant and convey the co-signer's inter�t in the Property under the <br />terms of this S�urity Insmiment; (b) is not personally obligated to pay the sums s�ured by this Security <br />Instnament; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbe�ar 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 Suc.cessor in Interest of Borrower who assumes Bonower's <br />obligations under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this S�urity Instrument. Borrower 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 agreements of this S�urity Instnunent shall bind (except as providefl 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 conn�tion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity <br />Instrument, including, but not limited to, attomeys' f�s, property inspection and valuation fe,es. In regazd to <br />any other f�s, the absence of express authority in this Security Instrument to charge a spe�ific fee to <br />Bonower shall not be construed as a prohibition on the chazging of such f�. Lender may not charge fces <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj�t to a law which sets �r�mum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be coll�ted in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to refluce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will lze refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a dir�t payment to Borrower. If a refund reduces principal, the rednction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />provid� for under the Note). Borrower's acceptance of any such refund made by dir�t payment to <br />Bonower will consritute a waiver of any right of acrion Borrower might have arising out of such overcharge. <br />15. Notices. All norices given by Borrower or I.ender in connection with this Security Instrument must be in <br />writing. Any norice to Borrower in conn�tion with this 5ecurity Instrument shall be d�med to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower 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 Mec UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Finandal Services <br />Fo� ao2a , roi <br />VMPBINE) (1106) <br />Page 11 of 17 <br />
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