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<br />200704345 <br /> <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 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 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 /> <br />Successors and Assigns Bound; Joint and Several Liability; Accomodatlon Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender ,md Borrower, <br />su~ject to the provisions of section titled Transfer of the Property or a Beneficial Interest In Borrower. <br />Borrower's covenants ,md agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but has no personalliabiIity under the Contract (nAccomodation Signern): (a) is co-signing this Security Instrument <br />only to mortgage, grant and convey that Accomodation Signer's interest in the Property under the terms of the <br />Security Instrument; (b) is not personally obligated to pay the sums sc(''UTed by this Security Instrument; and (c) <br />ab'tees that Lender and any other Borrower may agree to t'Xtend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Contract without that Accomodation Signer's consent. <br /> <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 finalIy interpreted so that the interest or other loan charges colIected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shalI 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 wiII be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Contract or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment under the Contract. <br /> <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 shalI be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first cla~s 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 bqVen as provided in this paragraph. <br /> <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 Contract conflicts with <br />Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Contract which <br />can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Contract are declared to be severable. <br /> <br />Borrower's Copy. Borrowl.,'l" shall be given one conformed copy of this Security Instrument. <br /> <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 transferred and Borrower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in <br />rull of all sums secured by this Security Instrument. However, this option shalI not be exercised by Lender if <br />exercise is prohibited by federal law as of the date of this SCLWty Instrument. <br /> <br />If Lender exercises this option, Lender shalI 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 tlle date tlle notice is <br />dcliv(,Tcd or mailed within which Borrower 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 /> <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shalI 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 /> <br />fJ 2004.2007 Copyright Compliance Systems, 11lO. 8C9C.05CD . 2007.01.201 <br />Con~nlffior Roa.1 E$tnte ~ SO<lurity Instrwnont DL2036 <br /> <br />Page 4 of7 <br /> <br />www.cOJ'nplia.UCellI)'stemll.curn <br />800.968.8522. Pax 616.956-IM6M <br />