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201204753
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Last modified
6/28/2012 4:22:01 PM
Creation date
6/15/2012 8:33:43 AM
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201204753
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201204753 <br />value of the Property immediately before the taking. Any balance shall be paid to Borrower. <br />If the Property is abandoned by Borrower, or i� after notice by Lenders to Bonower that the <br />condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to <br />Lenders within 30 da.ys after the daxe the norice is given, Lenders are authorized to collect and apply <br />the proceeds, at their option, either to restore or repair the Property or to pay the sums secured by <br />this Security Instrument, whether or not then due. Unless Lenders and Borrower otherwise agree <br />in writing, any applica.rion of proceeds to principal shall not extend or postpone the due date of the <br />yearly payments refened to in paragraph 1 or change the amount of such payments. <br />9. Borrower Not Relea.sed; Forbearance by Lenders Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lenders to any successor in interest of Bonower shall not operate to release the liability of the <br />original Borrower or Borrower's successors in interest. Lenders shall not be required to commence <br />proceedings against any successor in interest or refuse to extend time for payment or otherwise <br />modify amortizaxion of the sums secured by this Security Instrument by reason of any demand made <br />by the original Bonower lus successors in urterest. Any forbearance by Lenders in exercising any <br />right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants <br />and agreements of this Security Instrument shall bind and benefit the successors and assigns of <br />Lenders and Borrower. Any Borrower who co-signs this Security Instrument but does not execute <br />the Note: (a} is co-signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lenders and any <br />other Bonower may agree to extend, modify, forbear or make any accommodaxions with regard to <br />the terms of this Security Instrument or the Note without thax Bonower's consent. <br />11. Notices. Any notice to Borrower provided for in tlus Security Instrument shall be given <br />by delivering it or by mailing it by first class mail unless applicable law requires use of another <br />method. The notice shall be directed to the Property address or any other address Bonower <br />designates by notice to Lenders. Any notice to Lenders sha11 be given by first class mail to Lenders' <br />address stated herein or any other address Lenders designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lenders <br />when given as provided in this paragraph. <br />12. Governing Law; Severability. This Security Instrument shall be govemed by federallaw <br />and the law of the State of Nebraska.. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />To this end the provisions of this Security instrument and the Note are declared to be severable. <br />13. Bonower's Copy. Borrower shall be given one conformed copy of the Note and of this <br />Security Instrument. <br />14. Transfer of the Property or a Beneficial Interest in Bonower. If all or any part of the <br />Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or <br />transferred and Borrower is not a na.tural person) without Lenders' prior written consent, Lenders <br />may, at their option, require immediate payment in full of all sums secured by this Security <br />Instrument. However, this option shall not be exercised by Lenders if exercise is prohibited by federal <br />law as of the daxe of this Security Instrument. If Lenders exercise this option, Lenders shall give <br />Borrower notice of acceleration. The notice shall provide a period of not less than 30 da,ys from the <br />da.te the notice is delivered or mailed with�n which Bonower must pay all sums secured by this <br />Security Instrument. If Bonower fails to pay these sums prior to the expiration of this period, <br />Lenders ma,y invoke any remedies permitted by this Security Instrument vv�thout further notice or <br />demand on Borrower. <br />15. Bonower's Ri,ght to Reinstate. If Bonower meets certain conditions, Borrower shall <br />have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the <br />earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale <br />of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of <br />a judgment enforcing this Secunty Instrument. Those conditions are tha.t Borrower: (a) pay Lenders <br />a11 sums wluch then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cure any default of any other covenants or agreements; (c) pay all expenses incurred <br />in enforcing this Secunty Instrument, including, but not limited to, reasonable attomeys' fees; and (d) <br />take such action as Lenders ma.y rea.sonably require to assure thax the lien of this Secunty Instrument, <br />Lenders' rights in the Property and Borrower's obligation to pay the sums secured by this Security <br />Instrument, shall continue unchanged. Upon reinstatement by Borrower, this Security Instnunent and <br />the obligations secured hereby shall remain fully effective as if no acceleration had occurred. This <br />right to reinstate shall not apply in the case of acceleration under paragraph 14. <br />
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