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<br />200707070 <br /> <br />Unless Lender and 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 /> <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amorti:tation of the sums secured by this Sc(''UTity 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 rethse to <br />extend time for payment or otherwise modity amortization of the sums secured by this Security Instrument by <br />reason of any denumd 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; Accomodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />su~ject to the provisions of section titled Transfer of the Property or a Beneticial Interest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but does not execute the Note ("Accomodation Signer"): (a) is co-signing tllis Security Instrument only to <br />mortgage, grant and convey that Accomodation Signer's interest in tile Property under the terms of the Security <br />Instrument; (b) is not personally obligated to pay tile sums secured by this Security Instnlment; 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 tenn~ ofthis Security Instrument or the Note without that Accomodation Signer's consent. <br /> <br />Loan Charges. If the loan secured by this Sc(''UTity 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 limit~, tllen: (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 refimded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refimd reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <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 /irst class mail unless Applicable Law requires use of another method. The notice shall be directed to <br />tile Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class 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 Instnlment shall be deemed to have been given to Borrower or <br />Lender when given 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 tllat any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not atJ'oct 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 />are declared to be severable. <br /> <br />Borrower's Copy. Borrower shall be given one conformed copy of this Se(,wty Instrument. <br /> <br />Transfer of the Property or a Beneticial 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) unless tile 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 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, Lender may require <br />immediate payment in full of all sums secured by tins Security Instrunlent. <br /> <br />~ 2004.2007 Copyright Compliance SY"orn>. Inc, 8C9C-6326 - 2007,01,201 <br />CornwnerReal E~t.at.e - Security Instrumenl 01.2036 <br /> <br />Pag. 5 of8 <br /> <br />www .compli<&1~"ellyst~s ,oorn <br />800.968.8522 - Fax 616-956-1868 <br />