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201008073
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Last modified
11/1/2010 2:48:41 PM
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11/1/2010 2:48:40 PM
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201008073
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� e. e °- j ��� d �' ��� t � � i! �. <br />201008073 <br />Borrower and Lender otherwise agree in writing or unless Applicable Law atherwise provides, the proceeds shall <br />be applied to the sums secured by tl�is Security Instrument whether or not the sums are tkien due. <br />If the Property is aba��dozied by Borrower, or if, after notice by I.,ender to Borrower that tk�e condemnor ol'f'ers tc> <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the minirnum number o£ <br />days established by Applicable Law after die date the notice is given, Lender is authorized to collect and apply tlae <br />proceeds, at its option, either to restaration or repair of the Property or to tt�e sums secured by tt�is Security <br />lnstrument whether or not then due. <br />Unless Lender and Bor��ower otlierwise 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 />Borrower Not Released; ForbearAnce By Lender Not u Waiver. �xtension of the tinie for paymcnt or <br />modification of amortization of the sums secured by this Security lnstrument granted by Le��der to any successor in <br />interest of Borrower shall not operate to release tlie liability of the original �3orrower or Borrower's successors in <br />interest. Lender shall not be required Co comme��ce proceedings against any successor in interest or refuse tc� <br />extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any d�ma��d tnade by the original k3orrower or Borrc�wer's successors in interest. Any forbearance by <br />Lender in exarcising any right or reuiedy shall ziot be a waiver of or preclude the ex�rcise of any right or remedy. <br />Successors and Assi�ns liouaad; Joint and Several Liability; Accpmmodation Signers. T'he covenants and <br />agreements of this Security lnstrument sltall bind and b�netit the successors and assigns of I.,ender and Borrc�wer, <br />Suk�ject to the provisions of section titled 'Cransfer of the Property or a Bene�cial Interest in Borrower. <br />Borrower's covenants aud agreements shall be joint and several. Any person who co-signs this Security Instniment <br />but has no personal liability under the Contract ("Accommodation Si�ner"): (a) is co-signing this Security <br />Instrument anly to mortgage, grant ai�d convey that Accommodatio�x Signer's interest in the Property under the <br />tercxis of the Security Instrument; (b) is not personally obli�ated to pay the sums secured by tl�is Security <br />IiYStrument; and (c) agrees that Lender and any other Borrower may agree to extend, rnodify, forbear or make any <br />accvmmodations with regard to the tenns of this SecuriCy Ittstrument or the Contract withoul that Accomcnodation <br />Signer's consent. <br />Loaa Charges. If the loan secured by this 5ecurity Instniment is subject lo a law which sets �z�aximum loan <br />charges, and that law is finally interpreted so that the interesC or other Icyan cl�arges collected or Co be collected in <br />connection with the loan exceed the pertnitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the cl�arge to the permitted limits and (b) any sums already collected fro�z� ]3orrower <br />which exceeded perm't.tted limits will be refundad to Borrower. Lender may choos� t<� make tl�is refund by <br />reducing the principal owed under the Contract or by makin� a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment under the Contract. <br />Natiees. Any notice to Borrower provided for in tlus Security Instrument sliall be given by delivering it or by <br />maiiing it by first c1a5s mail unless Applicable Law requires use of another method. T.he notice shall be directed to <br />tlie Prpperty Address or any other address Borrower designates by notice to Lender. Any notice tp f.,ender shall be <br />given by first elass mail tc� Lender's address stated herein or any otl�er address l..,ender designates by nc7tice to <br />Borrawer, Any notice provided for in this Security Instruinent shall be deemed to tiave been given to Borrower or <br />Lender when given as prc7vided in this paragraph. <br />Governing L$w; Severability. "I'his Security lnstrument sl�all be govenied by federal law and tlie laws ol't:he state <br />af Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts wikh <br />Appli�able Law, such coi�flict shall not affect other provisions of this Security lz�strument or Che Contract which <br />can be given effect without the canflicting provision. To this end the provisions of this Security lnstnxment. and the <br />Cantract are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security lnstrument. <br />Transfer of the Yroperty or a Beneficial Interest in Borrower. If all or aziy pact of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold pr transferred an�i Boirrower is not a <br />natural person) without Lender's prior written conseut, Lender may, at its option, require imnnediate payment itt <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 thi5 option, Lender slxall give Borrower notice of acceleration. The notice shall provicle a <br />period of not less tlian the minimum number oF days established by Applicable Law firom. the date tl�e »otice is <br />delivered or mailed within wl�ich Borrower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums pripr tn the expiration of� this period, Lender may invoke any remedies pernaitted by diis <br />Security (nstrument without further notice or demazid on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall l�ave the right to have <br />enforcement of this Securiry Instrument discantinued at any time prior to tlxe earlier of: (a) 5 days (or such other <br />period as Applicable Law nnay specify for reinstatement) before sale of che Property pursuant lo any power of sale <br />contained in this Security Instrutnent; or (b) enfry of a judgment enforcin�; this Security Instrument. Those <br />coa�ditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instnux�ent <br />and the Contract as if no acceleration l�ad occurred; (b) cures any defau1t of any other cove»ants or agreements; (c) <br />pays all expe�ases incurred in ez�forcing this Security lzzstrumezit, including, but not li►nited to, reasonable attora�eys' <br />fees to the extent permitted by law; and (d) takes such action as Lendear may reasonably require tr7 assure that the <br />lien of this Security Instrument, Lender's rights in tlie Praperty and Borrower's obligation to pay the sums secured <br />Q� zona-2ou9 coin�ra,ice sys�e�ns, inc. nozu-r,�FS - 2009, �2.36R . � <br />Cnnsume�• ftenl Fsta�e - Securily Instrumen[ U1..2036 �'age 3 of 5 www.complianccsyslcros.com <br />
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