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201008486
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11/15/2010 3:02:15 PM
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11/15/2010 3:02:14 PM
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201008486
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, � � � . , �. <br />, ; <br />_I Il:�:r <br />Barrower Not Released; Forbearance By Lender Not a Waiver. Extension af the time 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 Borrower shall not operate to release the liability nf the original Bon'ower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise modify aznortization of the sums secured by this Security Instxument 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 Sound; .Yoint and Several Liability; Accoxnnnodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successars and assigns of L,ender and Borrower, <br />subject to the provisions af section titled Transfer of the Property or a Bene�cial Interest fn Sorrower. <br />Borrower's covenants and agreements shall be jaint and several. Any person who co-signs this Security Instrumcnt <br />but does not execute the Note ("Accommodation 5igner"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Accommodatian Signer's interest in the Properry undcr the t�rms of the Security <br />Instrurnent; (b) is not personally obligated to pay the sums secured by this Security InsUrument; and (c) agrees that <br />Lender and any other Borrower may agree to extend, modify, forbear or make �ny accommodations with regard to <br />the terms of this Security Instnxment or the Nate without that Accommodation Signer's consent. <br />Loan Charges. IF the loan secured by this �ecurity �nstrutnent is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other 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 />amaunt necessary to reduce the charge to the permitted limits and (b) any sums already collected from 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 payment 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. Any notice to Borrower provided for in this Security Instn�ment shall be given by delivering it ar by <br />mailing it by first class mail unless Applicable Law requires use of anather method. The notice shall be directed to <br />the Property Address ar any other address Borrower designates by notice to L.ender. 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 Instsument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governad by federal law and the laws of the state <br />of Nebraska. In the event that any pravision or clause of this Security Instrument or the Not� conflicts with <br />Applicable Law, such conflict shall not af��ct other provisions of this Security Instrurnent or the Note which can be <br />given effect without the conflicting provision. To tkxis 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 capy of this Security Instrument. <br />Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest <br />in it is sald or transferred (or if a beneficial interest in Borrower 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 />immediate payment in full of all sums secured by this Security Instiument. However, this option shall not be <br />exercised by L.ender if exercise is prohibited by federal law as of the date of this Security Instnunent. 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 of Lender related to an assumption. If Borrowcr does not do so, Lender may require <br />irnmediate payrnent in full of all sums secured by this Security Instrument. <br />If Lender exercises this option, I,ender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than the minimum nutnber of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Bonower must pey ail suins secutred by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this periad, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to tk�e earlier o£ (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 Securiry Instrument. Those <br />conditions are that Borrower: (a) pays L.ender all sums which then would ba due under this Security Insttwnent <br />and the Note as if no acceleration had occurred; (b) cures any default of atxy other covenants or agreements; (c) <br />pays all expenses incurced in enforcing this Security Instrurnent, 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 Instnunent, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument sha11 continue unchanged. Upon rainstatement by Borrower, tkzis Security Instniment <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 Praperty or a <br />Bene�cial Interest in Borrower. <br />Sale of Note Change of Loan Servicer. 'I'he Note or a partial interest in the Note (together w,ith this Security <br />Instrument) may be sold one or xaaare 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 �tnore changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />4'.+ 2004-2009 Compliance Systems, Inc. 002D-46E1 - 2009.I2.368 <br />Consumer Real Estate - Security Insteument DL2036 Page 4 of 6 www.eompliancpyatems.com <br />
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