201007599 - Laserfiche WebLink

Browse

� . 241�07593 interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify arnortization of the suxns secured by this Security Instrumant by reason of any demand made by the original Borrawer or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Llability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accommodation 5igner"): (a) is co-signing this 5ecurity Instrument only to mortgage, grant and convey tlaat Accommodation Signer's interest in the Property under the terms of the Security Instrument; (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 ar make any accomznodations with regard to the terms of this Security Instrument or the Note without that Accommodatian Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject ta a law which sets maxirnum loan charges, and that law is finally interpreted so that 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 limits 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 Sorrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by rrxailing it by first class mail unless Applicable Law requires use of another xnethod. The notice shall be directed to the Property Address or any ather address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any natice provided for in this Security Instrument shall be deemed to have been given to Borrawer or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the laws of the state oF Nebraska. Tn the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Lavv, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the prnvisions of this Secunity InsWment and the Note are declared to be severable. Borrower's Capy. Borrower shall be givan one conformed copy of this Security Instrument. Transfer of the Property or a Bene�cial 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, Lender may, at its option, require ixnmediate payment in full of all sums secured by this Security Instrum�nt. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as af the date of this Security Instrument. If the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written pernussion for an assumption and follow any other requiraments of Lender related to an assumption. If Borrower does not do so, Lender may require immediate payment in full of all sums secured by this Security Instrument. If Lender exetcises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum nuntber of days established by Applicable Law from the date the notice is delivered ar mailed within which Barrower must pay all sums secured by this Security Ianstxument. If $orrower fails ta pay these sums prior to the expiration of this period, Lender may invoke any remedies petxxiitted by this 5ecurity Instrument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tim� prior to the earlier- of: (a� 5 day� (or such other - period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enfarcing this Security Instiument. 7hose conditions are that Borrower: (a) pays I.ender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the extent pernutted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of ttus Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instniment shall continue unchanged. Upon reinstatement by I3orrawer, this 5ecurity Instrument and the obligations secured hereby shall remain fully effective as if na acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a Bene�cial Interest in Borrower. Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instnunent) may be sold one or more tinnes without priar notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated ta a sale of the Nate. If there is a change of the Loan S�rvicer, Borrower will be given writtan notice of the change in accordance with the section titled Notiees and Applicable Law. The notice will state the name and address of the new Loan Servicer and the �+ 2004-2009 Complisc�cc Systcros, Tnc. 002D-8806 - 2009.12.368 Cansumcr Rcal Estate - Security Instrummt DL2036 Page 4 of 6 www.compGaneesyretems.cam