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201008374
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Last modified
11/10/2010 2:18:25 PM
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11/10/2010 2:18:25 PM
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DEEDS
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201008374
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, .;,:;;� 2oioos3�4� ,. <br />-. <br />Unless Lender and Borrowar other agrea in writing, any application of proceeds to principal sha11 not extend <br />or postpone the due date of the payments Payment of Principal and Interest; Late Charges and Funds for <br />Taxes and Insurance or change the amount of such payments. <br />Borrower Not Released; Forbearance 13y Lender Not a Waiver. Extension of the tim� for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of �3orrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to comrnence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise xnodify amortizatian 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; Joint and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument sha11 bind and benefit the successors and assigns of Lender and Borrower, <br />subject lo the provisions of section titled Transfer of the Prope►'ty or a Benefieial Interest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any person who co-signs this 5ecurity Instrument <br />but does not execute the Nate ("Accommodation Signer"): (a) is co-signing this Security Instrument only ta <br />mortga�;e, grant and convey that Accommodation Signer's interest in the Property under the terms of the 5ecurity <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security lnstrument; and (c) agrees that <br />Lender and any other Borrower may agree to extend, madify, forbear or make any accammodations with regard to <br />the terms of this Security lnstrument or the Note without fhat Accommodation Signer's consenr. <br />Loan Charges. If the loan senured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is tinally interpreted sn that the interest or nther loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits wi11 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 payment to Borrower. If a refund reduces <br />principal, the rednction will be treated as a partial prepayment without any prepayrttent charge under the Note. <br />Notices. Any notice to Bc�rrower provided for in this Security Instrument 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 direoted to <br />the Property Address or any other addr�ss Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by tirst class mail to I..ender's address stated herein or any other address C.ender designates by notice to <br />Borrower. Any natice provided for in this Security Instrument sha11 be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Larv; Severability. This Security Instrument shall be governed by federal law and the laws of the state <br />af Nebraska. In th� event that any provision or clause of this Security Instrument or tihe Note conflicts with <br />Applicable I�aw, 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 Nate <br />are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security lnstrument. <br />Transfer of the Property or a Bene�cial lnterest in Borrower. If all ar any part of the Property or any interest <br />in it is sold ar transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nat a <br />natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br />ir►unediate payment in full of all surns 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 Instrument. If the Note <br />shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and <br />follaw any other requirements of Lender related to an assumption. If Barrower does not do sa, Lender may require <br />_ _. <br />immediate payment in full of al`I surtis secured by this Security Insfrument. <br />If Lender exercises fhis option, Lender sha11 give Borrower notice of 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 expiracion of this periad, Lender may invoke any remediea permitted by this <br />Securiry Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. lf Borrawer meets certain conditions, Borrower shall have the right to have <br />enkorcement of this Security Instrument discontinued at 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 ta any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrurnent. Those <br />conditians are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Note as if no acceleration had occurred; (b) cures any default of any other cavenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security lnstrument, including, but not limited to, reasonable attorneys' <br />fees to the extent p�rmitted by law; and (d) takes such action as Lender may reasonahly require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrurnent <br />and the abligations secured hereby shall remain fully effective as i£ no acceleration had occurred. However, this <br />ri�ht to reinstate shall not apply in die case of acceleration under the section titled Transfer of the Property or a <br />Beneficial lnterest in Burrower. <br />&� 2004-2009 Compliancc Systcros, Inc. D02D-ODA9 - 2009.12.368 <br />Cunsumer Real 8stafe - Szeurily Insu�ument P1.203fi Pt�e 4 of 6 www.compGancesystems.com <br />
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