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201109700
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12/27/2011 8:41:06 AM
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12/27/2011 8:41:06 AM
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201109700
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����as�oa <br />proceeds, at its option, either to restoration or repair of the Property or to the swns secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds.to principal shall not extend <br />or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for <br />Taxes and Insurance or change the amount of such paymettts. <br />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 any successor in <br />interest of Borrower shall not operate to release the liability of the original Bonower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise modify amortizarion of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of I.ender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Tnterest in Borrower. <br />Bonower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security Tnstrument; and (c) agrees that <br />Lender and any other Borrower may agree to extand, modify, forbear or make any accommodations with regard to <br />the terms of this Security Instrument or the Note without that Accommodation Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums akeady collected from Borrower <br />which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />Notices. Any notice to Borrower provided for itt this Security Instniment shall be given by delivering it or by <br />mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to <br />the Property Addrass or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affact other provisions of this Security Instrument or the Note which can be <br />given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note <br />are declared to be sevarable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfened and Borrower is not a <br />natural person) unless the Note shows that Bonower's loan is assumable, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. Howaver, this option shall not be <br />exercised by Lendar if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note <br />shows that Borrower's loan is assumable, Borrower must obtain L,ender's written permission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require <br />immediate payrnent in fu11 of all sums secured by this Security Instrwnent. <br />If Lender exercises this option, Lender shall give Borrower norice of acceleration. The notice shall provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by tlus Security Instrument. If Bonower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Tnstrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Bonower: (a) pays Leader all sums which then would be due under this Security Inst�ument <br />and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. Howe�er, this <br />OO 2004-20 (1 Compliance Systems, Inc, ADCp-0q60 - 2010i.1.15.461 <br />Consumer Real Estate - Security Lutrument DL2036 Page 4 of b www.compli�cxyyytemy,com <br />
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