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200709148 Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability ofthe original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modifY amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any torbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accomodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Borrower's covenants and agreements shall bejoint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accomodation Signer"): (a) is CO-sib'lling this Security Instrum(,'nt only to mortgage, grant and convey that Accomodation Signer's interest in the Property under the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modifY, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without tllat Accomodation Signer's consent. Loan Charges. If the Imlll secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed tile permitted limit~, tllen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be reflUlded to Borrower. Lender may choose to make this reftmd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided tor in this Security Instrument shall be given by delivering it or by mailing it by first class mail llilless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided tor in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws ofthe state of Nebraska. In the event that any provision or clause of this Security Instrument or the Note contlicts with Applicable Law, such contlict shall not afiect other provisions of this Se(:urity Instrument or the Note which can be given efi'ect without the conflicting provision. To this end the provisions ofthis Security Instrument and the Note arc declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Beneflcial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) unless tile Note shows that Borrower's loan is assumable, Lender may, at its option, require immediate payment in full of all sums se(.:ured by this S(x"1lI'ity Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and follow any other requirements of Lender related to an assumption. If Borrowl-'T does not do so, Lender may require immediate payment in full of all sums secured by this Security Instrmnent. <i:! 2004.2007 Copyright. Compliancc SY.I<ml. !,lC. 8C9C.C943. 2007.01.201 Con~umerReal Estal.e - Security Ifl.'!lh;l1tntmt DL2036 Pagc5of8 www .cutnplill.J1(1~s'llltetllll.oOrI'i ~00.968.8522. p"" 616.956.1868