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20100169 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. Harrower Not Released; Forbearance By Lender Nat a Waiver. I/xtcnsion 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 of the 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 forbearance by Lender in exercising any right or remedy shall not be a'waver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject io the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Borrower's co~cna~trts~annct agreements shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security [nstrument; (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 tcnns of this Security Instrument or the Note without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so chat the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (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 lirnits will be refunded to Borrower. Lender may choose to make this refund 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 Notc. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it ar by mailing it by first class mail unless 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 slated herein or any other address Lender designates by notice to Borrower, Any notice provided far in this Security Tnstr'ument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument 'steal I be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflicC shall not affect other provisions of this Security Instrument or the Notc which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument Transfer of the Property or a Beneficial 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 the Note shows that Borrower's loan is assumable, Lcndcr may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lcndcr if exercise is prohibited by federal law as of the date of this Security Instrument. If the Nate shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and follow any other requirements of bender related to an assumption. If Borrower dots not do so, Lcndcr may require immediate payment in full of all sums secured by this Security Instrument. ~7 20(14-2009 Cnmplixncc Systems, lno. 002D-3844 - 2009.12.3fiR Consumer Rcul E~;tetc - Security Instrument DL203fi page S of R www.atmpliunecsystcmx.unm