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<br />200709288 <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 payn1L'Ilt or <br />modification of amortization of the sums secured by this Security Instnlment granted by Lender to any successor in <br />int(,'fest of Borrower shall not op(''fate to release the liability of the original Borrower or Borrow(,T'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 paynlCnt or otherwise modify amortization of the sums secured by this Security Instnunent by <br />rcason 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 rernedy. <br /> <br />Successors and Assigns Bound; Joint and Several Liability; Accomodation Signers. The covenants and <br />agreements of this Security Instnlment shall bind and benefit the successors and assigns of Lender ,Uld Borrower, <br />su~ject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. <br />Borrow(,,.'s covenants and agreem(''Tlts shall bejoint and several. Any person who co-signs this Security Instnnnent <br />but does not execute the Note ("Accomodation Sib'11er"): (a) is CO-sib'lling this Security Instnlmmt only to <br />mortgage, b'Tant and convey that Accomodation Signer's imerest ill tIlt: Property under the tenns orthe Security <br />lnstnlment; (b) is not personally obligated to pay the sums secured by this Security Instnlment; and (c) agrees that <br />Lender and any oth(,'f Borrow(,,. may agree to extend, modify, forbear or make any accommodations with regard to <br />the tem1.~ oft1ris Security Instrument or the Note without that Accomodation Signer's consent. <br /> <br />Loan Charges. If the loan secured by this Security Instnlmmt is subject to a law which sets maximum loan <br />charges, and that law is Jinally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (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 reftmded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payn1tllt to Borrower. If a refund reduces <br />principal, dlC reduction will be treated as a partial prepayment without any prepayment charge WIder dIe Note. <br /> <br />Notices. Any notice to Borrower provided for in this Security lnstnlment 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 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 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 Instnlment shall be governed by ftXlerallaw and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Note contlicts with <br />Applicable Law, such conflict shall not affect other provisions Oft11is Security lnstnlment or the Note which can be <br />b.-iven effect without the contlicting provision. To this end the provisions ofthis Security Instrument and the Note <br />arc declared to be severable. <br /> <br />Borrower's Copy. Borrower shall be given one confonned copy ofthis Secmity Instrument. <br /> <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or any part ofthe Property or any interest <br />in it is sold or transferrexl (or if a b(,neficial 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 paynlent in full of all sums securtXl by this Security lnstmment. 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 lmm 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 this Security Instmmenl. <br /> <br />()2004-2007 Copyright Cornpliallce System:" Int. ~C9C~F92A. 2007.01.201 <br />COI1.st1I'n~. Rt:.al Estate. S~Ctu;ty lI1.~t.r1.m:lont DL2036 <br /> <br />bge S of8 <br /> <br />www.complianccsys1.cms.com <br />ROQ-968-8Sn -"II'< 616-956-IR6R <br /> <br />x7l1- <br />;<~ <br />