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201007850
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10/25/2010 2:41:49 PM
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10/25/2010 2:41:48 PM
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DEEDS
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201007850
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�� 20100'7850 <br />interest. Lender shall nat be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise modify amortization of the stuns 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 rernedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenaants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. <br />Borrower's covenants and agreexnents shall be joint and several. Any person who co-signs this Security Instnunent <br />but daes not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instnunent only ta <br />mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that <br />Lender and any other Borrnwer may agree to extend, modify, forbear or make any accommodations with regard to <br />the terms of this Security Instrument or the Note without that Accommodation Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is fnally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exce�d the pernutted lirnits, then: (a) any such loan charge shall be reduced by the <br />arnount necessary to reduce the charge to the pernutted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Sorrower. I.�nder may choose to make this refund by <br />reducing the principal owed under the Note ar by making a direct payrnent to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />NoHces. Any notice to Borrower provided for in this Security Instniment 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 dir�cted to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to I.Ender 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 Instrumant shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Gaverning 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 5ecurity Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instiument or the Note which can be <br />given effect without the conflicting provision. To this end the provisions of this Secunity Instrument and the Note <br />are declared to be severable. <br />Boerower's Copy. Borrower shall be given one conformed copy of this Security Instivment. <br />Transfer af 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) unless the Note shaws that Borrower's loan is assumable, Lender tnay, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if exercise is prohibited by federal law as of the date of this Security Inst�'um�nt. If the Note <br />shows that Borrower's loan is assumable, Borrower must abtain Lender's written permission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender znay require <br />immediate payment in full of all sums secured by this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall prpvide 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 $orrower <br />fails to pay these sums prior to the expiration of this period, Lender rnay invoke any remedies permitted by this <br />Securiry Insmiment without fiirther notice or demand on Borrower. <br />Borrower's Right to Reinatate. If Borrawer meets certain conditions, Borrawer shall have the right ta have <br />enforcement of this Security Instnunent discontinued at any time prior to the earlier of: (a) 5 days (or such ather <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Securiry Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that $orrower: (a) pays I.ender all sums which then would be due under this Security Instrument <br />and the Note as if na acceleration had occurred; (b) cures any default of any other covenants or agreernents; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent pez�nitted by law; and (d) talces such action as Lender may reasanably require ta assure that the <br />lien of this Security Instrument, Lender's rights in the Praperty and Barrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a <br />Bene�cial Interest in Borrower. <br />Sale of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more dmes without prior notice to Sorrawer. A sale may result in a change in the <br />entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Instrument. 'There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with the section <br />titled Nodces and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br />H> 2004-2009 Campliance Systems, lnc. 002D-14EB - 2009.12.368 <br />Cansumer Real Estate - Security Instn�mrnt DLZ036 Pa3e 4 of 6 www.campliancesystems.eum <br />
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