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201000913
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2/10/2010 3:04:45 PM
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2/10/2010 3:04:44 PM
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DEEDS
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201000913
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201000913 <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 />Successors and Assigns Bound; .Iolnt and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of bender 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 Security Instrument <br />but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security <br />Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the <br />terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modifiy, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation <br />Signer's consent. <br />Lnan 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 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 refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal awed under the Contract or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment under the Contract. <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 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 Instrument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Tnstrument or the Contract conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract which <br />can be given effect without the conflicting provision. To this end. the provisions of this Security Instrument and the <br />Contract are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security instrument. <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 j without Lender's prior written consent, Lender may, at its option, require immediate payment in <br />full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if <br />exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />® 2004-2009 Compliance Systems, Inc. 002D-09F0 -2009.12.348 <br />Consumer Real Estate • Security Instrument OL2036 Page 4 of 7 www.camplianccsystems.com <br />
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