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�� : �� �� �� - � ° 201008427 <br />Unless Lendar and Borrower atherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payments Payment of Prineipal and Interest; Late Charges and Funds for <br />Taxes and Insurance or change the amount of such payments. <br />Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the tiztze for payment or <br />modification of amortization of the sums secured by this Security Insmxment granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Bnrrower or Borrower's successors in <br />interest. Lender shall not be required ta commence proceedings against any successor in interest or refuse to <br />extend tune for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrawer 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; Accomrnodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and bene�t the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Barrower. <br />Borrower's cavanants and agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but daes not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to <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 ather Borrower may agrae to extend, modify, forbear or make any accommodations with regard to <br />the terms of this Secunity Instrument or the Nate without that Accommodation Signer's consent. <br />Loan Charges. If the loan secured by this Sectu'ity Instnunent is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest ar other loan charges collected or to be callected 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 pernutted limits and (b) any sums already collected from Borrower <br />whioh exceeded permitted limits w,ill be refunded ta Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Sorrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />Notiees. Any notice to Borrower provided for in this Security Instnunent shall be given by delivering it or by <br />mailing it by �rst class mail unless Applicable Law requires use of 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 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 Instxument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governfng Law; Severability. This Security Instiument shall be governed by federal law and the laws of the state <br />o£ 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 ather provisions of this Security Instrument or the Note which cazi be <br />given effect without the conflicting provision. To this end the provisions of this Security Instivment and the Note <br />are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrurnent. <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 Sorrower is sold or transferred and Borrower is not a <br />natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br />unmediate payment in full of all sutns sectu'ed by this Security Inshument. 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 assurnable, Borrower must obtain Lender's written permission far an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require <br />immediate payrnent 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 provide a <br />period of not less than the min;mum number of days established by Applicable Law from the date tt�e 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 rernedies permitted by this <br />Security Instrument without further natice or demand on Borrower. <br />Borrower's Right to Reinstate. I£ Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement 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 to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instnunent. Thos� <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this 5ccurity Instrument <br />and the Note as if na acceleration had accurred; (b) cures any default of any other covenants or a�reements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited ta, reasonable attomeys' <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 Instruxnent, Lender's rights in the Property and Borrower's obligation ta 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 />4'r 2004-2009 Complience Systems, Inc. 002D-C3EA - 2009.12.368 <br />Consumer Reel Estate - Security Insttumrnt DL2036 Page 4 of 6 waw.campliancesystems.cam <br />