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`�� ' � 2oioos4s9 ,, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpona the due date of the payments Payment of Principal and Interest; Late Charges and k'unds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; F'orbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sutns s�cured by this Security Instrument granted by Lender to any successor in interest of Borrower sha11 not operate to release the liability of the original Sarrowear or Borrawer's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Secu.rity Instiument by reason of any demand z�nade by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right ar remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and bene�t the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodatian Signer's interest in the Froperty under the terms of the Security Instrurnent; (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 accommodations with regard to the tarms of this Security Instrument or the Note without that Accommodation 5igner's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets ma�cimum loan charges, and that law is finally interpreted so that the interest or othex loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge ta the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Boan'ower designates by notice to I.ender. Any notice to I.ender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any natice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instnunent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Insmiment and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instnunent. Tran�fer of the Property or a Sene�cfal Interest in Borrower. If all or any part of the Property or any interest in it is sold ar transferred (or if a beneficial interest in Borrower is sold or transfean'ed and Borrower is not a natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require immediate payment in full of all sums secured by this Security Insmunent. However, this option shall not be exercised by L.ender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note shows that $orrower's loan is assumable, Borrower must obtain I.ender's written pernlission for an assumption and follow any other requirements of Lender related to an assumption. If Borrower docs not do so, Lender may require immediate payment in full of all sums secu.red by this Security Instivment. If Lender exercises th�s option, Lender shall give �aaa'ower notice af accelerarion. The notice shall pravide a period of not less than the minunum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expu'ation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower's Right to Reinstate. I£ Borrower meets certain conditions, Borrower shall have the right to have enforcem�nt of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Securiry Instrument; or (b) entry of a judgment enfarcing this Security Instnunent. '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 Instrument, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instxument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain 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 Property �r a Bene�cial Interest in Borrower. ¢� 2004-2009 Complisnce Systems, Ine. 002b-$908 - 2009.12368 Consumer Real Estate - Seeurity lnstnunen[ DL2036 Page 4 of 6 www.compliancesystems.eom