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.� � � ` 201008284 Unless I..ender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for 'faxes and Insurance or change the amount af such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of �3orrower shall not operate to release the liability of the original Borrower ar Borrower's successors in interest. Lender shall not be required to cornmence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by I,ender in exercisin� any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successars and Assigns Bound; Joint and Several Liability; Accammodation Signers. The covenants and agreements of this Security rnstrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Tr�nsfer af the Property or a Bene�cial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any p�rson who co-signs this Security Instrument but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to rnortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security Cnstrument; (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 or make any accommodatians with regard to the terms of this Security Instrument or the Note without that Accornmodation Signer's consent. Loan Gharges. If the 1oan secured by this �ecurity Tnst�u�nent is subject to a-law which sets maximum loan charges and that 1aw is finally interpreted so that the interest or other loan charges collacted or to be collected in connection with the loan expeed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to Che permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choase to make this refund by reducing the principal owed under the Note or by making a direct payment fo Borrower. If a reh►nd reduces principal, the reduction will be treated as a partial prepayment without any prepayxnent charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be givcn by delivering it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be dixected to the P,roperty Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given hy first class rnail to Lender's address stated herein or any other address Lender designates by notice ta Borrower: Any notice prnvidad for in this Security Instrument shall be deemed to have been given to Borrower or I..ender wheq giv�n as provided in this paragraph. Governing Law; Scverability. This Security Instrument shall be governed by federal law and the laws af the state of Nebraska. In the event that any provision or clause of this Security Instrument ar the Nate contlicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Nate which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed capy of this 5ecurity Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transFerred (or if a bene�cial interest in Borrower is sold or transferred and Borrower is not a natural person) unless the Note shows that Borrawer's loan is assurnable, Lender rnay, at its optipn, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Nnte shows that Borrower's loan is assumable, Borrower must obtain Lender's written pernussion for an assumption and follow any other reyuirements of Lender related to an assumption. If Borrower daes not do so, L,ender may require immediate payment in full of all sums secured by this Security Instrument. If Leaid�r exercises this option, Lender sha11 give Borrower notice of acceleration: The notice sha11 provide a period of not less than the mini�num number of days e�tablished by Applicable Law from the date the notice is delivered o'r mailed within which Borrower must pay all sums secured by this Security Instniment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrurnent without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain canditiorts, Barrower shall liave the right to have enforcement of this Security .Insmiment discontinued at any time prior to the earlier o£ (a) 5 days (or such other period as Applicable Law may specify far reinstatement) before sale of the Property pursuant to any power of sale contained in fhis Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender 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 Cnstrument, including, but not limited to, reasonable attorneys' fecs ta the extent permitted by law; and (d) takes such action as Lender may reasonably require ta assure that the lien of this 5ecurity Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Tnstniment shall continue unchanged. Upon reinstaternent by Borrower, this Security Instrument and the obligations secured hereby shall rernain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Praperty or a Bene�cial Interest in Barrawer. ¢> 2no4-2qp9 Compliance Systzms, Inc. 002A-4E30 - 2009.12368 Consumcr Real Estate - Security Insnvment UL2036 Page 4 oF6 . www.compliancesystems.com i