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20o9o9oss <br />by Lenders to any successor in interest of Borrower shall not operate to release the liability of the <br />original Borrower or Borrower's successors in interest. Lenders shall not be required to commence <br />proceedings against any successor in interest or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Security Instrument by reason of any demand <br />made by the original Borrower`s successors in interest. Any forbearance by Lenders in exercising <br />any right ar remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants <br />and agreements of this Security Instrument shall bind and benefit the successors and assigns of <br />Lenders and Borrower. Any Borrower who co-signs this Security Instrument but does not execute <br />the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lenders and <br />any other Borrower may agree to extend, modify, forbear or make any accommodations with regard <br />to the terms of this Security Instrument ar the Note without that Borrower's consent. <br />11. Notices. Any notice to Borrower provided for in this Security Instrument shall be given <br />by delivering it or by mailing it by first class mail unless applicable law requires use of another <br />method. The notice shall be directed to the Property address or any other address Borrower <br />designates by notice to Lenders. Any notice to Lenders shall be given by first class mail to <br />Lenders' address stated herein or any other address Lenders designates by notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower <br />or Lenders when given as provided in this paragraph. <br />12. Governing Law; Severability. This Security Instrument shall be governed by federal law <br />and the law of the State of Nebraska. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />To this end the provisions of this Security instrument and the Note are declared to be severable. <br />13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this <br />Security Instrument. <br />14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the <br />Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or <br />transferred and Borrower is not a natural person) without Lenders' prior written consent, Lenders <br />may, at their option, require immediate payment in full of all sums secured by this Security <br />Instrument. However, this option shall not be exercised by Lenders if exercise is prohibited by <br />federal law as of the date of this Security Instrument. If Lenders exercise this option, Lenders shall <br />give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days <br />from the date the notice is delivered or mailed within which Borrower must pay all sums secured <br />by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, <br />Lenders may invoke any remedies permitted by this Security Instrument without further notice or <br />demand on Borrower. <br />15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the <br />earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before <br />sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry <br />of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pay <br />Lenders all sums which then would be due under this Security Instrument and the Note had no <br />acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all <br />expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br />attorneys' fees; and (d) take such action as Lenders may reasonably require to assure that the lien <br />of this Security Instrument, Lenders' rights in the Property and Borrower's obligation to pay the <br />sums secured by this Security Instrument, shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective <br />as if no acceleration had occurred. This right to reinstate shall not apply in the case of acceleration <br />under paragraph 14. <br />16. Acceleration; Remedies. Lenders shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under paragraphs 14 ). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before <br />the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. If the default is not cured on or before the date specified in <br />the notice, Lenders at their option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lenders shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph 16, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />