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, . � �� � 2o�oos2os <br />interest. Lender shall not be required to commence proceedings against aany successor in interest or re£use to <br />extend time far payment or othenvise rnodify amortization of the sums 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 remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successors and Assigns Bound; .loint and Several Liability; Accotnmodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit tha successors and assi�ns of I.ender 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 agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but does not execute the Note ("Accommadation Signer"): (a) is co-signing this Sectxrity Instrument only to <br />mortgage, grant and convey that Accommodation Signer's interest in the Properry 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 Borrower may agree to extend, modify, forbear or make any accommodations with r�gard to <br />the terms of this Security Instniment or the Note without that Accommodation Signer's consent. <br />Loan Charges. Tf the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be callected in <br />connection with the loan exceed the perrnitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce tkxe charge to the permitted limits and (b) any sums already collected fram Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct paytt�ent 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 />Notices. Azty notice to Borrower provided for in this Security Insniiment shall be given by deliverizxg it or by <br />rnailing it by first class nnail unless Applicable Law requires use af another method. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein ar any other address Lender designates by notice ta <br />Borrower. Any notice provided for in this Security Instrument shall be deezned to have been given to Borrower or <br />Lendar when given as providad in this paragraph. <br />Governing 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 Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br />given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note <br />are declared to be severable. <br />Sorrower's Copy. Borrower sha11 be given one conformed copy of this Security Instniment. <br />Transfer of the Property or a Bene�cial 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 Borrawer is not a <br />natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this optian shall not be <br />exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instiument. If the Note <br />shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and <br />follow any other requirements o£ Lender related to an assumption. If Sorrower does not do so, L.ender may require <br />immediate payment in full of all sums secured by this Security Insmxment. <br />If Lender exercises this option, Lender shall give Borrower notice af 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 Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's R.ight to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discantinued any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this 5ecurity Instxument; or (b) entry of a judgment enforcing this Securiry Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Note as if no acceleratian had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all axpenses incurred in enforcing this Security Instrument, 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 Instrum.ent, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this 5ecurity Instrument shall continue unchanged. [Tpan reinstatement by Borrower, this Security Instrument <br />and the abligations secured hereby shall rernain 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 />Beneficial �nterest in Borrower. <br />Sale of Note Change of Loan Servicer. The Note or a partial intsrest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. 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 Sarvicer, Borrower wi11 be given written notice of the change in accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new I.oan Servicer and the <br />(C+ 2004-2009 CompGnncc Systcros, 1nc. 002D-3669 - 2009.12.368 <br />Consumcr Rrnl Estate - Seeurity Instrument DL2036 Page 4 of 6 www.compGaneesystems.com <br />