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201204351 <br />days established by Applicable Iaw after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender a.nd 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 payments. <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Exteasion of the time for payment or <br />modification of amortization of the sums secured by this 5ecurity Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower 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 amortization of the sums secured by this Security Insttvment by <br />reason of any demand made by the original Borrower or Bonower'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 aay right or remedy. <br />5uccessors and Assigns Bound; Joint and Several Liability; AccommodaHon Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest 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, graat 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 Instrument; and (c) agrees that <br />Lender and any other Borrower may agee to extend, modify, forbeaz or make any accommodations with regard to <br />the terms of this Security Inst�vment 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 already collected from Bonower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by malcing 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 Bonower provided for in this Security Instrument 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 Address or any other address Borrower designates by notice to Lender. Borrower agrees to provide <br />Lender with Borrower's most current mailing address, as it may change from time-to-time. Any notice to Lender <br />shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice <br />to Bonower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower <br />or Lender when given as provided in tlus paragraph <br />Governing Law; Severability. This Security Instrument shall be governed by federallaw 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 affect other provisions of this Security Instivment 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 />aze declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Inshument <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 iransferred and Boaower is not a <br />natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if exercise is prolubited 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 Lender's written permission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Bonower does not do so, Lender may require <br />immediate payment in full of all sums secured by this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice 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 this Security Instrument. ff Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke aay remedies permitted by this <br />Security Instrument without further notice or demand on Bonower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Bonower 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 Instrumen� Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <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 Instcument, including, but not limited to, reasonable attomeys' <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 Inslrument shall continue unchanged Upon reinstatement by Borrower, this Security Instrument <br />o zooa-zo� i ca�u�ce s �. 9snn-ca� s- zoi �LZ.o.aas <br />Covsumer Real Estate - Securiry Inshument DL2036 Page 4 of 6 www.complimcesystema.com <br />