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201007397
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Last modified
10/8/2010 3:17:38 PM
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10/8/2010 3:17:38 PM
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201007397
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:,,� �OlOU'739'7 <br />_ � � ��,{ � �ti <br />Sorrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Security Tnstnunent whether or not the sums are then due. <br />IF the Property is abandoned by Barrower, or if, after notics by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of <br />days established by Applicable Law after the date the notice is given, I.,ender is authorized to collect and apply the <br />proceeds, at xts option, either to restoration or repair of the Property ar to the sums secured by tlus Security <br />Instrument, whethcr or not lhen due. <br />Unless I.ender and Borrowei otherwise agree in writing, any application' of proceeds to principal shall not extend <br />or postpone the due date of the payments due und�r the Contract or change the amount of such payments. <br />Barrower Not Released; k'orbearance By Lender Not a Waivcr. , Extensiori of the time for payrnent or <br />modification of amortizafion of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liabiliry of the original Borroviier or Borrower's successors in <br />interest. Lender shall not be required to cammence proceedings against any successar in interest or refuse to <br />extend time for payrnent or otherwise modify amortization o:F the sums secured by this Security Instrument by <br />reason af 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 r.ight or xemedy. <br />Successors and Assigns Bound; doint and Several Y.iability; Accommodation Signers. The covenants and <br />agreennents of this Security Instnunent shall bind and benefit Yhe successars aa-id assigns of Lender and Horrower, <br />subject to the provisions of secdon titled Transfer of the Property or a Beneticlal Ltterest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any pe�rson who co-signs this Secuz�ity Instruznent <br />but has no personal liability under th�e Contract ("Accomim�odation Sig�ner"): (a) is co-signing this Security <br />Instrument only to mortgage, grant and convey that Accommodadon 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 L.ender and any other Borrower may agree to extend, modify, forbear or make any <br />accoznrnodations with regard to the terms of this Security Instiument or the Contract without that Accommodation <br />Signer's consent. . <br />Loan Charges. If the loan secured by this Security Inswnnent is subject to a law which sets naaxinzuna 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 liznits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted lunits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refundad to Borrower, L,ender may choose to make this refund by <br />reducing the principal owed 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 Borrawer 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 u�e of another method. The notice shall be directed to <br />the Property Address nr any other address Borrower designates by notice to Lender. .Any notice to Lender shall be <br />given by fiz'st class mail to I.ender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Inswment shall be deemed to have been given to Borrower or <br />Lender whean given as provided in this paragraph. <br />Governing Law; Severabillty. This Secwrity Instrument shall be governed by federallaw and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with <br />Applicable Law, such conflict shall not af�ect other provisions of this Security Instrument or the Cantract which <br />can be given efi�'ect 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. Borrawer shall be given one conformed capy of this Security Instiument. . <br />�ransfer of the Property or a Bene�eial Interest in Borrower. Tf all or any part of the Property or any interest <br />in it is sold or transferred (or if a bene�cial interest in Borirower is sold or transferred and Borrower is not a <br />natural person) without I.ender's prior written consent, Lender may, at its option, require immediate payment in <br />full of all surns secured by this Security InsUvmant. Hawever, this optian shall not be exercised by I.ender if <br />exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this aption, Lender shall give Sorrower 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 In�strurnent. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Sect�;ity Instnunent 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 Instcvment discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable I.aw may specify for reinstatement) before sale af the Froperty pursuant to any power of sale <br />contained in this Securiry Instnunent; or (b) entry of a judgment enfarcing this Security Instrument. Those <br />canditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Cantract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrusnent, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instnunent, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />� 2004-2009 Campliauca Systema, loc. 002D-E9F8 - 2009.12.368 . <br />Conaumer Real 8atate - Seeuriry Inanument DI.2036 Page 3 of5 www.comp�ipncesyatema.com <br />
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