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<br />200710250 <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 lor payment or <br />modification of amortization orthe 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; Accomodation Signers. The covelUUlts and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject 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-signs this Se<.-1lfity Instrument <br />but does not execute the Note ("Accomodation Signer"): (a) is co-signing this Security Instrument only to <br />mortgage, b'Tant and convey that Accomodation Signer's interest in the Property under the terms of the Se<.-1lfity <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) ab'Tees that <br />Lender and any other Borrower may agree to extend, modifY, forbear or make any accommodations with regard to <br />the terms of this Security Instrument or the Note 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 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~, then: (a) any such loan charge shall be reduced by the <br />amOlUlt necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded 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 refiUld reduces <br />principal, the reduction wiII be treated as a partial prepayment without any prepayment charge tmder 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 first class mail Ullless Applicable Law requires use 0 f 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 desi!,'llates 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 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 Instrum('llt or the Note conflicts with <br />Applicable Law, such conflict shall not afleet other provisions of this Se<.-1lfity 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 ofthis 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 loan is assumable, Borrower must obtain Lender's written permission for an assumption lUld <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 tIllS Security Instrumffit. <br /> <br />@2004.2007 Copyright Compli'"M 81"t_, 11,." 8C9C.DBS3 . 2007,01.201 <br />COJl!HlITle1' Real Estato - Socl.uity Instnunent DL2036 <br /> <br />Po". 5 01"8 <br /> <br />www.compliancesystems.com <br />800.968-8522 - F"" 616-956-1868 <br />