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200408310 <br />this Security Instrument, whether or not then due. Unless Lenders and Borrowers otherwise agree <br />in writing, any application of proceeds to principal shall not extend or postpone the due date of the <br />yearly payments referred to in paragraph 1 or change the amount of such payments. <br />9. Borrowers Not Released; Forbearance by Lenders Not a Waiver. Extension of the time <br />for payment or modification of amortization of the sums secured by this Security Instrument granted <br />by Lenders to any successor in interest of Borrowers shall not operate to release the liability of the <br />original Borrowers or Borrowers' 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 amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrowers their successors in interest. 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 Borrowers. Borrowers' covenants and agreements shall be joint and several. Any <br />Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this <br />Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured <br />by this Security Instrument; and (c) agrees that Lenders and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument <br />or the Note without that Borrowers' consent. <br />11. Notices. Any notice to Borrowers provided for in this 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 Borrowers <br />designate by notice to Lenders. Any notice to Lenders shall be given by first class mail to Lenders' <br />address stated herein or any other address Lenders designates by notice to Borrowers. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrowers or Lenders <br />when given as provided in this paragraph. <br />12. Governing Law; Severability. This Security Instrument shall be governed by federal law <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. Borrowers' Copy. Borrowers 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 Borrowers. If all or any part of the <br />Property or any interest in it is sold or transferred (or if a beneficial interest in Borrowers is sold or <br />transferred and Borrower is not a natural 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 date of this Security Instrument. If Lenders exercise this option, Lenders shall give <br />Borrowers notice of acceleration. The notice shall provide a period of not less than 30 days from the <br />date the notice is delivered or mailed within which Borrowers must pay all sums secured by this <br />Security Instrument. If Borrowers fail to pay these sums prior to the expiration of this period, <br />Lenders may invoke any remedies permitted by this Security Instrument without further notice or <br />demand on Borrowers. <br />15. Borrowers' Right to Reinstate. If Borrowers meet certain conditions, Borrowers shall <br />have the right to have enforcement of this 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 Security Instrument. Those conditions are that Borrowers: (a) pay <br />Lenders all sums which then would be due under this Security Instrument and the Note had no <br />acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all expenses <br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; <br />and (d) take such action as Lenders may reasonably require to assure that the lien of this Security <br />Instrument, Lenders' rights in the Property and Borrowers' obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Upon reinstatement by Borrowers, this Security <br />Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. This right to reinstate shall not apply in the case of acceleration under paragraph 14. <br />16. Acceleration; Remedies. Lenders shall give notice to Borrowers prior to acceleration <br />following Borrowers' breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under paragraphs 14 ). The notice shall specify: (a) the default; (b) the action required <br />to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrowers, <br />3 <br />