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�0��09�2� <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 and Bonower 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 />Tazes and Insurance or change the amount of such payments. <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 Borrower or Bonower'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 Instrument 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 any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenaats and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Bonower, <br />subject to the provisions of section titled Transfer of the Property or a Beneflcial Interest in Borrower. <br />Bonower's covenants and agreements shall be joint and several. Any person who casigns this Security Instrument <br />but does not execute the Note ("Accommodafion Signer"): (a) is co-signing this 3ecurity 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 Instrument; and (c) agrees that <br />Lender and any other Borrower may agree to extend, 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 already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to malce this refund by <br />reducing the principal owed under the Note or by making a direct payment to Bonower. 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 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. Bonower 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 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Bonower <br />or Lender when given as provided in this paragra.ph <br />Governing Law; Severability. This Security Instiument 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 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 />aze declared to be severa.ble. <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 lransfened 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 Instrumen� However, this option shall not be <br />exercised by Lender 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 Lender's written permission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, I.ender may require <br />immediate payment in fiull of all sums secured by this Security Instrument. <br />If Lender exercises this option, Lender shall give Bonower 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 Boirower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument 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 tlus Security Instrument discontinued at any time prior to the eazlier of (a) 5 days (or such other <br />period as Applicable Iaw may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) eniry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security In.strument <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 Inst�vment, 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 Bonower, this Security Instrument <br />and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />O 2004-2011 Complience Systems, Inc. 9BAD-46F4 - 2011 L2.0.485 <br />Cousumer Real Eatate - Security Ivatr�ent DL2036 Page 4 of 6 www.compliencc9ysteme.com <br />