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<br />200708773 <br /> <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whetIwr or not then due. <br /> <br />Unless Lender and Borrower otherwise ab'l'ee 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 amOlUlt of such payments. <br /> <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization ofthe sums secured by this Security Instrument granted by Lend('T to any successor in <br />interest of Borrower shall not operate to relea~e 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 modity 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; 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 Beneficial Interest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any person who CO-sib'llS this Security Instrument <br />but does not execute tile Note ("Accomodation Signer"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Accomodation 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 witll regard to <br />the terms of tllis Security Instrument or tIle Note without that Accomodation Signer's consent. <br /> <br />Loan Charges. If the loan secured by this Security Instrument is su~ject 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 WitIl the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amoUllt necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be renUlded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payme1lt to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under tlle 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 first class mail unless Applicable Law requires use of anotIler method. The notice shall 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 class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in tIlis Security Instrument 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 ofthe 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 dIect witIlOut tIle 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 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) unless the 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 100Ul is assumable, Borrower must obtain Lender's written permission for an assumption and <br /> <br /><G 2004-2007 Copyright Compliance S",tCQm. ''''', 8C9C-34C9 - 2007,01.201 <br />CorllluHler Real Elltal.e - Security IIl.'!lt,rutIl~mt DL2036 <br /> <br />Page 5 ()r~ <br /> <br />www.compliancesysl.crn!1.com <br />~00.96~.~S22. Pax 616.9S6-1~6~ <br />